THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT, 2001 
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ARRANGEMENT OF SECTIONS 

Last Updated: 17-9-2021 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extend and commencement. 
2.  Definitions. 

CHAPTER II 

PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS AUTHORITY AND REGISTRY 

Protection of Plant Varieties and Farmers’ Rights Authority 

3.  Establishment of Authority. 
4.  Meetings of Authority. 
5.  Committees of Authority. 
6.  Officers and other employees of Authority. 
7.  Chairperson to be Chief Executive. 
8.  General functions of Authority.                           
9.  Authentication of orders, etc., of Authority. 
10.  Delegation. 
11.  Power of Authority. 

12.  Registry and offices thereof. 
13.  National Register of Plant Varieties. 

Registry 

CHAPTER III 

REGISTRATION OF PLANT VARIETIES AND ESSENTIALLY DERIVED VARIETY 

Application for registration 

14.  Application for registration. 
15.  Registrable varieties. 
16.  Persons who may make application. 
17.  Compulsory variety denomination. 
18.  Form of application. 
19.  Test to be conducted. 
20.  Acceptance of application or amendment thereof. 
21.  Advertisement of application. 
22.  Registrar to consider grounds of opposition. 

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Registration of essentially derived variety 

SECTIONS 

23.  Registration of essentially derived variety. 

CHAPTER IV 

DURATION AND EFFECT OF REGISTRATION AND BENEFIT SHARING 

24.  Issue of certificate of registration. 
25.  Publication of list of varieties. 
26.  Determination of benefit sharing by Authority. 
27.  Breeder to deposit seeds or propagating material. 
28.  Registration to confer right. 
29.  Exclusion of certain varieties. 
30.  Researcher’s rights. 
31.  Special provisions relating to application for registration from citizens of convention countries. 
32.  Provisions as to reciprocity. 

SURRENDER AND REVOCATION OF CERTIFICATE AND RECTIFICATION AND CORRECTION OF REGISTER 

CHAPTER V 

33.  Surrender of certificate of registration. 
34.  Revocation of protection on certain grounds. 
35.  Payment of annual fees and forfeiture of registration in default thereof. 
36.  Power to cancel or change registration and to rectify the Register. 
37.  Correction of Register. 
38.  Alteration of denomination of a registered variety. 

CHATER VI 

FARMERS’ RIGHTS 

39.  Farmers’ rights. 
40.  Certain information to be given in application for registration. 
41. Rights of communities. 
42. Protection of innocent infringement. 
43. Authorisation of farmers’ variety. 
44.  Exemption from fees. 
45.  Gene Fund. 
46.  Framing of schemes, etc. 

CHAPTER VII 

COMPULSORY LICENCE 

47.  Power of Authority to make order for compulsory licence in certain circumstances. 
48.  When requirement of public deemed to have not been satisfied. 
49.  Adjournment of application for grant of compulsory licence. 

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SECTIONS 

50.  Duration of compulsory licence. 
51.  Authority to settle terms and conditions of licence. 
52.  Revocation of compulsory licence. 
53.  Modification of compulsory licence. 

CHAPTER VIII 

APPEALS 

54.  [Omitted.] 
55.  [Omitted.] 
56.  Appeals to High Court. 
57.  Orders of High Court. 
58.  [Omitted.] 
59.  [Omitted.] 

CHAPTER IX 

FINANCE, ACCOUNTS AND AUDIT 

60.  Grants by Central Government. 
61.  Authority Fund. 
62.  Budget, accounts and audit. 
63.  Financial and administrative powers of Chairperson. 

CHAPTER X 

INFRINGEMENT, OFFENCES, PENALTIES AND PRODURE 

Infringement 

64.  Infringement. 
65.  Suit for infringement, etc. 
66.  Relief in suits for infringement. 
67.  Opinion of scientific adviser. 

Offences, penalties and procedure 

68.  Prohibition to apply denomination of a registered variety. 
69.  Meaning of falsely applying denomination of a registered variety. 
70.  Penalty for applying false denomination, etc. 
71.  Penalty for selling varieties to which false denomination is applied, etc. 
72.  Penalty for falsely representing a variety as registered. 
73.  Penalty for subsequent offence. 
74.  No offence in certain cases. 
75.  Exemption of certain persons employed in ordinary course of business. 
76.  Procedure where invalidity of registration is pleaded by the accused. 
77.  Offences by companies. 

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SECTIONS 

CHAPTER XI 

MISCELLANEOUS 

78.  Protection of security of India. 
79.  Implied warranty on sale of registered variety, etc. 
80.  Death of party to a proceeding. 
81.  Right of registered agent and the registered licensee to institute suit. 
82.  Evidence of entry in Register, etc., and things done by the Authority and the Registrar. 
83.  Authority, Registrar and other officers not compellable to production of Register, etc. 
84.  Document open to public inspection. 
85.  Report of Authority to be placed before Parliament. 
86.  Government to be bound. 
87.  Proceedings before Authority or Registrar. 
88.  Protection of action taken in good faith. 
89.  Bar of jurisdiction. 
90.  Members and staff of Authority, etc., to be public servants. 
91.  Exemption from tax on wealth and income. 
92.  Act to have overriding effect. 
93.  Power of Central Government to give directions. 
94.  Power to remove difficulties. 
95.  Power to make regulations. 
96.  Power of Central Government to make rules. 
97.  Rules, regulations and schemes to be laid before Parliament. 

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THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT, 2001 

ACT NO. 53 OF 2001 

[30th October, 2001.] 
An Act to provide for the establishment of an effective system for protection of plant varieties, 
the rights of farmers and plant breeders and to encourage the development of new varieties of 
plants. 
WHEREAS  it is considered necessary to recognise and protect the rights of the farmers in respect of 
their  contribution  made  at  any  time  in  conserving,  improving  and  making  available  plant  genetic 
resources for the development of new plant varieties; 

AND WHEREAS for accelerated agricultural development in the country, it is necessary to protect plant 
breeders'  rights  to  stimulate  investment  for  research  and  development,  both  in  the  public  and  private 
sector, for the development of new plant varieties; 

AND  WHEREAS  such  protection  will  facilitate  the  growth  of  the  seed  industry  in  the  country  which 

will ensure the availability of high quality seeds and planting material to the farmers; 

AND WHEREAS, to give effect to the aforesaid objectives, it is necessary to undertake measures for the 

protection of the rights of farmers and plant breeders; 

AND  WHEREAS  India,  having  ratified  the  Agreement  on  Trade  Related  Aspects  of  Intellectual 
Property Rights should, inter alia, make provision for giving effect to sub-paragraph (b) of paragraph 3 of 
article 27 in Part II of the said Agreement relating to protection of plant varieties. 

BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Protection  of  Plant 

Varieties and Farmers’ Rights Act, 2001. 

(2) It extends to the whole of India. 
(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 
Official  Gazette,  appoint; and  different dates  may  be  appointed  for  different  provisions  of this  Act  and 
any reference in any such provision to the commencement of this Act shall be construed as a reference to 
the coming into force of that provision. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “Authority”  means  the  Protection  of  Plant  Varieties  and  Farmers’  Rights  Authority 

established under sub-section (1) of section 3; 

(b) “benefit sharing”, in relation to a variety, means such proportion of the benefit accruing to a 
breeder of such variety or such proportion of the benefit accruing to  the breeder from an agent or a 
licensee of such variety, as the case may be, for which a claimant shall be entitled as determined by 
the Authority under section 26. 

(c)  “breeder”  means  a  person  or  group  of  persons  or  a  farmer  or  group  of  farmers  or  any 

institution which has bred, evolved or developed any variety; 

2* 
(e)  “Chairperson”  means  the  Chairperson  of  the  Authority  appointed  under  clause  (a)  of                     

* 

* 

* 

* 

sub-section (5) of section 3; 

(f) “convention country” means a country which has acceded to an international convention for 
the  protection  of  plant  varieties  to  which  India  has  also  acceded,  or  a  country  which  has  a  law  on 

1.  11th  November,  2005,  ss.  2  to  13  (both  inclusive)  and  ss.  95,  96  and  97,  vide  notification  No.  S.O.  1588(E),  dated  11th 

November, 2005, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 

  19th October, 2006, s. 1 and ss. 14 to 94 (both inclusive) vide notification No. S.O. 1797(E), dated 19th October, 2006,  see 

Gazette of India Extraordinary, Part II, sec. 3(ii). 

2. Clause (d) omitted by Act 33 of 2021, s. 23 (w.e.f. 4-4-2021).  
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protection of plant  varieties on the basis of which India has entered into an agreement for granting 
plant breeders' right to the citizens of both the countries; 

(g)  “denomination”,  in  relation  to  a  variety  or  its  propagating  material  or  essentially  derived 
variety or its propagating material, means the denomination of such variety or its propagating material 
or essentially derived variety or its propagating material, as the case may be, expressed by means of 
letters or a combination of letters and figures written in any language; 

(h) “essential characteristics” means such heritable traits of a plant variety which are determined 
by the expression of one or more genes of other heritable determinants that contribute to the principle 
features, performance or value of the plant variety; 

(i)  “essentially  derived  variety”,  in  respect  of  a  variety  (the  initial  variety),  shall  be  said  to  be 

essentially derived from such initial variety when it— 

(i)  is  predominantly  derived  from  such  initial  variety,  or  from  a  variety  that  itself  is 
predominantly  derived  from  such  initial  variety,  while  retaining  the  expression  of  the  essential 
characteristics that results from the genotype or combination of genotype of such initial variety; 

(ii) is clearly distinguishable from such initial variety; and 

(iii)  conforms  (except  for  the  differences  which  result  from  the  act  of  derivation)  to  such 
initial  variety  in  the  expression  of  the  essential  characteristics  that  result  from  the  genotype  or 
combination of genotype of such initial variety; 

(j) “extant variety” means a variety available in India which is— 

(i) notified under section 5 of the Seeds Act, 1966 (54 of 1966); or 

(ii) farmers’ variety; or 

(iii) a variety about which there is common knowledge; or 

(iv) any other variety which is in public domain; 

(k) “farmer” means any person who— 

(i) cultivates crops  by cultivating the land himself; or 

(ii) cultivates crops by directly supervising the cultivation of land through any other person; 

or 

(iii)  conserves  and  preserves,  severally  or  jointly,  with  any  person  any  wild  species  or 
traditional  varieties  or adds  value  to  such  wild  species  or traditional  varieties through  selection 
and identification of their useful properties; 

(l) “farmers’ variety” means a variety which— 

(i) has been traditionally cultivated and evolved by the farmers in their fields; or 

(ii) is a wild relative or land race of a variety about which the farmers possess the common 

knowledge; 

(m) “Gene Fund” means the National Gene Fund constituted under sub-section (1) of section 45; 

1* 

* 

* 

** 

 (p) “member” means a member of the Authority appointed under clause (b) of sub-section (5) of 

section 3 and includes the member-secretary; 

2[(q) “prescribed” means,— 

(i)  in  relation  to  proceedings  before  a  High  Court,  prescribed  by  rules  made  by  the  High 

Court; and 

1. Clauses (n) and (o) omitted by Act 33 of 2021, s. 23 (w.e.f. 4-4-2021). 
2. Subs. by s. 23, ibid., for clause (q) (w.e.f. 4-4-2021). 

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(ii) in other cases, prescribed by rules made under this Act;] 

(r) “propagating material” means any plant or its component or part thereof including an intended 

seed or seed which is capable of, or suitable for, regeneration into a plant; 

(s) “Register” means a national Register of Plant Varieties referred to in section 13; 

(t)  “Registrar” means a Registrar of Plant Varieties appointed under sub-section (4) of section 12 

and includes the Registrar-General; 

(u)  “Registrar-General”  means  the  Registrar-General  of  Plant  Varieties  appointed  under                 

sub-section (3) of section12; 

(v) “Registry” means the Plant Variety Registry referred to in sub-section (1) of section 12; 

(w) “regulations” means regulations made by the Authority under this Act; 

(x) “seed” means a type of living embryo or propagule capable of regeneration and giving rise to 

a plant which is true to such type; 

1* 
(za) “variety”, means a plant grouping except micro-organism within a single botanical taxon of 

** 

* 

* 

the lowest known rank, which can be— 

(i)  defined  by  the  expression  of  the  characteristics  resulting  from  a  given  genotype  of  that 

plant grouping; 

(ii)  distinguished  from  any  other  plant  grouping  by  expression  of  at  least  one  of  the  said 

characteristics; and 

(iii)  considered  as  a  unit  with  regard  to  its  suitability  for  being  propagated,  which  remains 

unchanged after such propagation, 

and includes propagating material of such variety, extant variety, transgenic variety, farmers’ variety and 
essentially derived variety. 

CHAPTER II 

PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS AUTHORITY AND REGISTRY 

Protection of Plant Varieties and Farmers’ Rights Authority 

3. Establishment of Authority.—(1) The Central Government shall, by notification in the Official 
Gazette,  establish  an  authority  to  be  known  as  the  Protection  of  Plant  Varieties  and  Farmers’  Rights 
Authority for the purposes of this Act. 

(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a 
common seal with power to acquire, hold and dispose of properties, both movable and immovable, and to 
contract, and shall by the said name sue and be sued. 

(3)  The  head  office  of  the  Authority  shall  be  at  such  place  as  the  Central  Government  may,  by 
notification  in  the  Official  Gazette,  specify  and  the  Authority  may,  with  the  previous  approval  of  the 
Central Government, establish branch offices at other places in India. 

(4) The Authority shall consist of a Chairperson and fifteen members. 

(5) (a) The Chairperson to be appointed by the Central Government shall be a person of outstanding 
caliber and eminence, with long practical experience to the satisfaction of that Government especially in 
the field of plant varietal research or agricultural development. 

(b) The members of the Authority, to be appointed by the Central Government, shall be as follows, 

namely:— 

(i)  the  Agriculture  Commissioner,  Government  of  India,  Department  of  Agriculture  and 

Cooperation, New Delhi, ex officio; 

1. Clauses (y) and (z) omitted by Act 33 of 2021, s. 23 (w.e.f. 4-4-2021). 

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(ii)  the  Deputy  Director  General  incharge  of  Crop  Sciences,  Indian  Council  of  Agricultural 

Research, New Delhi, ex officio; 

(iii) the Joint Secretary incharge of Seeds, Government of India, Department of Agriculture and 

Cooperation, New Delhi, ex officio; 

(iv)  the  Horticulture  Commissioner,  Government  of  India,  Department  of  Agriculture  and 

Cooperation, New Delhi, ex officio; 

(v) the Director, National Bureau of Plant Genetic Resources, New Delhi, ex officio; 

(vi) one member not below the rank of Joint Secretary to the Government of India, to represent 

the Department of Bio-technology, Government of India, ex officio; 

(vii) one member not below the rank of Joint Secretary to the Government of India to represent 

the Ministry of Environment and Forests, Government of India, ex officio; 

(viii) one member not below the rank of Joint Secretary to the Government of India to represent 

the Ministry of Law, Justice and Company Affairs, Government of India, ex officio; 

(ix) one representative from a National or State level farmers’ organisation to be nominated by 

the Central Government; 

(x) one representative from a tribal organisation to be nominated by the Central Government; 

(xi) one representative from the seed industry to be nominated by the Central Government; 

(xii)  one  representative  from  an  agricultural  University  to  be  nominated  by  the  Central 

Government; 

(xiii)  one  representative  from  a  National  or  State  level  women’s  organisation  associated  with 

agricultural activities to be nominated by the Central Government; and 

(xiv) two representatives of State Governments on rotation basis to be nominated by the Central 

Government. 

(c) The Registrar-General shall be the ex officio member-secretary of the Authority. 

(6) The term of office of the Chairperson and the manner of filling the post shall be such as may be 

prescribed. 

(7) The Chairperson shall appoint a Standing Committee consisting of five members, one of whom 
shall  be  a  member  who  is  a  representative  from  a  farmers  organisation,  to  advise  the  Authority  on  all 
issues including farmers’ rights. 

(8)  The  Chairperson  shall  be  entitled  to  such  salary  and  allowances  and  shall  be  subject  to  such 
conditions of service in respect of leave, pension, provident fund and other matters as may be prescribed. 
The allowances for non-official members for attending the meetings of the Authority shall be as such as 
may be prescribed.  

(9)  The  Chairperson  may  resign  his  office  by  giving  notice  thereof  in  writing  to  the  Central 

Government and on such resignation being accepted, he shall be deemed to have vacated his office. 

(10)  On  the  resignation  of  the  Chairperson  or  on  the  vacation  of  the  office  of  Chairperson  for  any 
reason, the Central Government may appoint one of the members to officiate as Chairperson till a regular 
Chairperson is appointed in accordance with clause (a) of sub-section (5). 

4. Meetings of Authority.—(1) The Authority shall meet at such time and place and shall observe 
such rules of procedure in regard to the transaction of business at its meetings [including the quorum at its 
meetings  and  the  transaction  or  business  of  its  Standing  Committee  appointed  under  sub-section  (7)  of 
section 3] as may be prescribed. 

(2) The Chairperson of the Authority shall preside at the meetings of the Authority. 

(3) If, for any reason the Chairperson is unable to attend any meeting of the Authority, any member of 

the Authority chosen by the members present shall preside at the meeting. 

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(4) All questions which come before any meeting of the Authority shall be decided by a majority of 
the votes of the members of the Authority present and voting and in the event of equality of votes, the 
Chairperson of the Authority or in his absence, the person presiding shall have and exercise a second or 
casting vote. 

(5)  Every  member  who  is  in  any  way,  whether  directly,  indirectly  or  personally,  concerned  or 
interested in a matter to be decided at the meeting shall disclose the nature of his concern of interest and 
after such disclosure, the member, concerned or interested, shall not attend that meeting. 

(6) No act or proceeding of the Authority shall be invalid merely by reason of— 

(a) any vacancy in, or any defect in the constitution of, the Authority; or 

(b)  any  defect  in  the  appointment  of  a  person  acting  as  the  Chairperson  or  a  member  of  the 

Authority; or 

(c) any irregularity in the procedure of the Authority not affecting the merits of the case. 

5. Committees of Authority.—(1) The Authority may appoint such committees as may be necessary 

for the efficient discharge of its duties and performance of its functions under this Act. 

(2)  The  persons  appointed  as  members  of  the  committee  under  sub-section  (1)  shall  be  entitled  to 
receive  such  allowances  or  fees  for  attending  the  meetings  of  the  committee  as  may  be  fixed  by  the 
Central Government. 

6. Officers and other employees of Authority.—Subject to such control and restriction as may be 
prescribed,  the  Authority  may  appoint  such  officers  and  other  employees  as  may  be  necessary  for  the 
efficient performance of its functions and the method of appointment, the salary and allowances and other 
conditions  of  service  of  such  other  officers  and  employees  of  the  Authority  shall  be  such  as  may  be 
prescribed. 

7.  Chairperson  to  be  Chief  Executive.—The  Chairperson  shall  be  the  Chief  Executive  of  the 

Authority and shall exercise such powers and perform such duties as may be prescribed. 

8.  General functions  of  Authority.—(1)  It  shall  be  the  duty  of  the  Authority  to  promote,  by  such 
measures as it thinks fit, the encouragement for the development of new varieties of plants and to protect 
the rights of the farmers and breeders. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  provisions,  the  measures 

referred to in sub-section (1) may provide for— 

(a) the registration of extant varieties subject to such terms and conditions and in the manner as 

may be prescribed; 

(b) developing characterisation and documentation of varieties registered under this Act; 

(c) documentation, indexing and cataloguing of farmers’ varieties; 

(d) compulsory cataloguing facilities for all varieties of plants; 

(e) ensuring that seeds of the varieties registered under this Act are available to the farmers and 
providing  for  compulsory  licensing  of  such  varieties  if  the  breeder  of  such  varieties  or  any  other 
person entitled to produce such variety under this Act does not arrange for production and sale of the 
seed in the manner as may be prescribed; 

(f) collecting statistics with regard to plant varieties, including the contribution of any person at 
any time in the evolution or development of any  plant variety, in India or in any other country, for 
compilation and publication; 

(g) ensuring the maintenance of the Register. 

9. Authentication of orders, etc., of Authority.—All orders and decisions of the Authority shall be 
authenticated by the signature of the Chairperson or any other member authorised by the Authority in this 
behalf. 

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10.  Delegation.—The  Authority  may,  by  general  or  special  order  in  writing,  delegate  to  the 
Chairperson, any member or officer of the Authority subject to such conditions or limitations, if any, as 
may  be  specified  in  the  order,  such  of  its  powers  and  functions  (except the  power  to  make  regulations 
under section 95) under this Act as it may deem necessary. 

11. Power of Authority.—In all proceedings under this Act before the Authority or the Registrar,— 

(a) the Authority or the Registrar, as the case may be, shall have all the powers of a civil court for 
the  purposes  of  receiving  evidence,  administering  oaths,  enforcing  the  attendance  of  witnesses, 
compelling the discovery and production of documents and issuing commissions for the examination 
of witnesses; 

(b) the Authority or the Registrar may, subject to any rules made in this behalf under this Act, 
make  such  orders  as  to  cost  as  it  considers reasonable  and  any  such  order  shall  be  executable  as  a 
decree of a civil court. 

Registry 

12.  Registry  and  offices  thereof.—(1) The  Central Government  shall  establish,  for  the  purpose  of 

this Act, a Registry which shall be known as the Plant Varieties Registry. 

(2) The head office of the Plant Varieties Registry shall be located in the head office of the Authority, 
and for the purpose of facilitating the registration of varieties, there may be established, at such places, as 
the Authority may think fit, branch offices of the Registry. 

(3) The Authority shall appoint a Registrar-General of Plant Varieties who shall be entitled to such 
salary  and  allowances  and  shall  be  subject  to  such  conditions  of  service  in  respect  of  leave,  pension, 
provident fund and such other matters as may be prescribed. 

(4)  The  Authority  may  appoint  such  number  of  Registrars  as  it  thinks  necessary  for  registration  of 
plant varieties under the superintendence and direction of the Registrar-General under this Act and may 
make regulations with respect to their duties and jurisdiction. 

(5) The term of office and the conditions of service of the Registrars shall be such as may be provided 

by regulations. 

(6)  The  Authority  may,  by  notification  in  the  Official  Gazette,  define  the  territorial  limits  within 

which a branch office of the Registry may exercise its functions. 

(7) There shall be a seal of the Plant Varieties Registry. 

13.  National  Register  of  Plant  Varieties.—(1)  For  the  purposes  of  this  Act,  a  Register  called  the 
National  Register  of  Plant  Varieties  shall  be  kept  at  the  head  office  of  the  Registry,  wherein  shall  be 
entered  the  names  of  all  the  registered  plant  varieties  with  the  names  and  addresses  of  their  respective 
breeders,  the  right  of  such  breeders  in  respect  of  the  registered  varieties,  the  particulars  of  the 
denomination of each Registered variety, its seed or other propagating material along with specification 
of salient features thereof and such other matters as may be prescribed. 

(2) Subject to the superintendence and direction of the Central Government, the Register shall be kept 

under the control and management of the Authority. 

(3) There shall be kept at each branch office of the Registry a copy of the  Register and such other 

documents as the Central Government may, by notification in the Official Gazette, direct. 

CHAPTER III 

REGISTRATION OF PLANT VARIETIES AND ESSENTIALLY DERIVED VARIETY 

Application for registration 

14. Application for registration.—Any person specified in section 16 may  make an application to 

the Registrar for registration of any variety— 

(a) of such genera and species as specified under sub-section (2) of section 29; or 

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(b) which is an extant variety; or 

(c) which is a farmers’ variety. 

15.  Registrable varieties.—(1) A new variety shall be registered under this Act if it conforms to the 

criteria of novelty, distinctiveness, uniformity and stability. 

(2) Notwithstanding anything contained in sub-section (1), an extant variety shall be registered under 
this Act within a specified period if it conforms to such criteria of distinctiveness, uniformity and stability 
as shall be specified under the regulations.  

(3) For the purposes of sub-sections (1) and (2), as the case may be, a new variety shall be deemed to 

be— 

(a) novel, if, at the date of filing of the application for registration for protection, the propagating 
or  harvested  material  of  such  variety  has  not  been  sold  or  otherwise  disposed  of  by  or  with  the 
consent of its breeder or his successor for the purposes of exploitation of such variety— 

(i) in India, earlier than one year; or 

(ii)  outside  India,  in  the  case  of  trees  or  vines  earlier  than  six  years,  or  in  any  other  case, 

earlier than four years, 

before the date of filing such application: 

Provided that a trial of a new variety which has not been sold or otherwise disposed of shall not 

affect the right to protection: 

Provided  further  that  the  fact  that  on  the  date  of  filing  the  application  for  registration,  the 
propagating or harvested material of such variety has become a matter of common knowledge other 
than through the aforesaid manner shall not affect the criteria of novelty for such variety; 

(b) distinct, if it is clearly distinguishable by at least one essential characteristic from any another 
variety whose existence is a matter of common knowledge in any country at the time of filing of the 
application. 

Explanation.—For the removal of doubts, it is hereby declared that the filing of an application for 
the granting of a breeder’s right to a new variety or for entering such variety in the official register of 
varieties  in  any  convention  country  shall  be  deemed  to  render  that  variety  a  matter  of  common 
knowledge  from  the  date  of  the  application  in  case  the  application  leads  to  the  granting  of  the 
breeder's right or to the entry of such variety in such official register, as the case may be; 

(c)  uniform,  if  subject  to  the  variation  that  may  be  expected  from  the  particular  features  of  its 

propagation it is sufficiently uniform in its essential characteristics; 

(d)  stable, if  its essential  characteristics  remain  unchanged  after  repeated  propagation  or, in the 

case a particular cycle of propagation, at the end of each such cycle. 

(4) A new variety shall not be registered under this Act if the denomination given to such variety— 

(i) is not capable of identifying such variety; or 

(ii) consists solely of figures; or 

(iii) is liable to mislead or to cause confusion concerning the characteristics, value identity of 

such variety or the identity of breeder of such variety; or 

(iv) is not different from every denomination which designates a variety of the same botanical 

species or of a closely related species registered under this Act; or 

(v) is likely to deceive the public or cause confusion in the public regarding the identity of 

such variety; or 

(vi) is likely to hurt the religious sentiments respectively of any class or section of the citizens 

of India; or 

11 

 
(vii)  is  prohibited  for  use  as  a  name  or  emblem  for  any  of  the  purposes  mentioned  in                 

section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950); or 

(viii) is comprised of solely or partly of geographical name: 

Provided  that  the  registrar  may  register  a  variety,  the  denomination  of  which  comprises  solely  or 
partly of a geographical name, if he considers that the use of such denomination in respect of such variety 
is an honest use under the circumstances of the case. 

16. Persons who may make application.—(1) An application for registration under section 14 shall 

be made by— 

(a) any person claiming to be the breeder of the variety; or 

(b) any successor of the breeder of the variety; or 

(c) any person being the assignee of the breeder of the variety in respect of the right to make such 

application; or 

(d)  any  farmer  or  group  of  farmers  or  community  of  farmers  claiming  to  be  the  breeder  of  the 

variety; or 

(e) any person authorised in the prescribed manner by a person specified under clauses (a) to (d) 

to make application on his behalf; or 

(f)  any  university  or  publicly  funded  agricultural  institution  claiming  to  be  the  breeder  of  the 

variety. 

(2)  An  application  under  sub-section  (1)  may  be  made  by  any  of  the  persons  referred  to  therein 

individually or jointly with any other person. 

17.  Compulsory  variety  denomination.—(1)  Every  application  shall  assign  a  single  and  distinct 
denomination to a variety with respect to which he is seeking registration under this Act in accordance 
with the regulations. 

(2) The Authority shall, having regard to the provisions of any international convention or treaty to 

which India has become a party, make regulation governing the assignment of denomination to a variety. 

(3) Where the denomination assigned to the variety does not satisfy the requirements specified in the 
regulations, the Registrar may require the applicant to propose another denomination within such time as 
may be specified by such regulations. 

(4) Notwithstanding anything contained in the Trade Marks Act, 1999 (47 of 1999), a denomination 

assigned to a variety shall not be registered as a trade mark under that Act. 

18. Form of application.—(1) Every application for registration under section 14 shall— 

(a) be with respect to a variety; 

(b) state the denomination assigned to such variety by the applicant; 

(c) be accompanied by an affidavit sworn by the applicant that such variety does not contain any 

gene or gene sequence involving terminator technology; 

(d) be in such form as may be specified by regulations; 

(e) contain a complete passport data of the parental lines from which the variety has been derived 
along with the geographical location in India from where the genetic material has been taken and all 
such information relating to the contribution, if any, of any farmer, village community, institution or 
organisation in breeding, evolving or developing the variety; 

(f) be  accompanied by  a  statement  containing  a  brief description  of the  variety  bringing  out its 

characteristics of novelty, distinctiveness, uniformity and stability as required for registration; 

(g) be accompanied by such fees as may be prescribed; 

(h)  contain  a  declaration  that  the  genetic  material  or  parental  material  acquired  for  breeding, 

evolving or developing the variety has been lawfully acquired; and 

(i) be accompanied by such other particulars as may be prescribed: 

12 

 
Provided  that  in  case  where  the  application  is  for  the  registration  of  farmers’  variety,  nothing 
contained in clauses (b) to (i) shall apply in respect of the application and the application shall be in such 
form as may be prescribed. 

(2) Every application referred to in sub-section (1) shall be filed in the office of the Registrar. 

(3) Where such application is made by virtue of a succession or an assignment of the right to apply 
for registration, there shall be furnished at the time of making the application, or within such period after 
making the application as may be prescribed, a proof of the right to make the application. 

19.  Test  to  be  conducted.—(1)  Every  applicant  shall,  along  with  the  application  for  registration 
made under this Act, make available to the Registrar such quantity of seed of a variety for registration of 
which  such  application  is  made,  for  the  purpose  of  conducting  tests  to  evaluate  whether  seed  of  such 
variety along with parental material conform to the standards as may be specified by regulations: 

Provided  that  the  Registrar  or  any  person  or  test  centre  to  whom  such  seed  has  been  sent  for 
conducting test shall keep such seed during his or its possession in such manner and in such condition that 
its viability and quality shall remain unaltered. 

(2)  The  applicant  shall  deposit  such  fees  as  may  be  prescribed  for  conducting  tests  referred  to  in                

sub-section (1). 

(3) The tests referred to in sub-section (1) shall be conducted in such manner and by such method as 

may be prescribed. 

20.  Acceptance  of  application  or  amendment  thereof.—(1)  On  receipt  of  an  application  under 
section 14,  the  Registrar may,  after  making  such  inquiry  as  he  thinks  fit  with respect to  the  particulars 
contained  in  such  application,  accept  the  application  absolutely  or  subject  to  such  conditions  or 
limitations as he deems fit. 

(2) Where the Registrar is satisfied that the application does not comply with the requirements of this 

Act or any rules or regulations made thereunder, he may, either— 

(a) require the applicant to amend the application to his satisfaction; or 

(b) reject the application: 

Provided  that  no  application  shall  be  rejected  unless  the  applicant  has  been  given  a  reasonable 

opportunity of presenting his case. 

21. Advertisement of application.—(1) Where an application for registration of a variety has been 
accepted  absolutely  or  subject  to  conditions  or  limitations  under  sub-section  (1)  of  section  20,  the 
Registrar  shall,  as  soon  as  after  its  acceptance,  cause  such  application  together  with  the  conditions  or 
limitations,  if  any,  subject  to  which  it  has  been  accepted  and  the  specifications  of  the  variety  for 
registration of which such application is made including its photographs or drawings, to be advertised in 
the prescribed manner calling objections from the persons interested in the matter. 

(2)  Any  person  may,  within  three  months  from  the  date  of  the  advertisement  of  an  application  for 
registration  on  payment  of  the  prescribed  fees,  give  notice  in  writing  in  the  prescribed  manner,  to  the 
Registrar of his opposition to the registration. 

(3) Opposition to the registration under sub-section (2) may be made on any of the following grounds, 

namely:— 

(a)  that  the  person  opposing  the  application  is  entitled  to  the  breeder’s  right  as  against  the 

applicant; or 

(b) that the variety is not registrable under this Act; or 

(c) that the grant of certificate of registration may not be in public interest; or 

(d) that the variety may have adverse effect on the environment. 

(4) The Registrar shall serve a copy of the notice of opposition on the applicant for registration and, 
within  two  months  from  the  receipt  by  the  applicant  of  such  copy  of  the  notice  of  opposition,  the 

13 

 
applicant shall send to the Registrar in the prescribed manner a counter-statement of the grounds on which 
he  relies  for  his  application,  and  if  he  does  not  do  so,  he  shall  be  deemed  to  have  abandoned  his 
application. 

(5)  If  the  applicant  sends  such  counter-statement,  the  Registrar  shall  serve  a  copy  thereof  on  the 

person giving notice of opposition. 

(6)  Any  evidence  upon  which  the  opponent  and  the  applicant  may  rely  shall  be  submitted,  in  the 
manner  prescribed  and  within  the  time  prescribed,  to  the  Registrar  and  the  Registrar  shall  give  an 
opportunity to them to be heard, if so desired. 

(7) The Registrar shall, after hearing the parties, if so required, and considering the evidence, decide 
whether and subject to what conditions or limitations, if any, the registration is to be permitted and may 
take into account a ground of objection whether relied upon by the opponent or not. 

(8)  Where  a  person  giving  notice  of  opposition  or  an  applicant  sending  a  counter-statement  after 
receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require 
him  to  give  security  for  the  cost  of  proceedings  before  him  and  in  default  of  such  security  being  duly 
given may treat the opposition or application, as the case may be, as abandoned. 

(9) The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of 

opposition or a counter-statement on such terms as he may think fit. 

22. Registrar to consider grounds for opposition.—The Registrar shall consider all the grounds on 
which  the  application  has  been  opposed  and  after  giving  reasons  for  his  decision,  by  order,  uphold  or 
reject the opposition. 

Registration of essentially derived variety 

23.  Registration  of  essentially  derived  variety.—(1)  An  application  for  the  registration  of  an 
essentially derived variety of the genera or species specified under sub-section (2) of section 29 by the 
Central Government shall be made to the Registrar by or on behalf of any person referred to in section 14 
and  in  the  manner  specified  in  section  18  as  if  for  the  word  “variety”,  the  words  “essentially  derived 
variety” have been substituted therein and shall be accompanied by such documents and  fees as may be 
prescribed. 

(2) When the Registrar is satisfied that the requirements of sub-section (1) have been complied with 
to his satisfaction, he shall forward the application with his report and all the relevant document to the 
Authority. 

(3)  On  receipt  of  an  application  under  sub-section  (2),  the  Authority  shall  get  examined  such 
essentially derived variety to determine as to whether the essentially derived variety is a variety derived 
from the initial variety by conducting such tests and following such procedure as may be prescribed. 

(4)  When  the  Authority  is  satisfied  on  the  report  of  the  test  referred  to  in  sub-section  (3)  that  the 
essentially derived variety has been derived from the initial variety, it may direct the Registrar to register 
such essentially derived variety and the Registrar shall comply with the direction of the Authority. 

(5) Where the Authority is not satisfied on the report of the test referred to in sub-section (3) that the 

essentially derived variety has been derived from the initial variety it shall refuse the application. 

(6)  The  rights  of  the  breeder  of  a  variety  contained  in  section  28  shall  apply  to  the  breeder  of 

essentially derived variety: 

Provided that the authorisation by the breeder of initial variety to the breeder of essentially derived 
variety under sub-section (2) of section 28 may be subject to such terms and conditions as both the parties 
may mutually agree upon. 

(7)  An  essentially  derived  variety  shall  not  be  registered  under  this  section  unless  it  satisfies  the 
requirements of section 15 as if for the word “variety”, the words “essentially derived variety” have been 
substituted therein. 

(8) When an essentially derived variety has been registered by the Registrar in compliance with the 
direction of the Authority under sub-section (4), the Registrar shall issue to the applicant a certificate of 

14 

 
registration  in  the  prescribed  form  and  sealed  with  seal  of  the  Registry  and  send  a  copy  thereof  to  the 
Authority and to such other authority, as may be prescribed, for information. 

DURATION AND EFFECT OF REGISTRATION AND BENEFIT SHARING 

CHAPTER IV 

24. Issue of certificate of registration.—(1) When an application for registration of a variety (other 

than an essentially derived variety) has been accepted and either— 

(a) the application has not been opposed and the time of notice of opposition has expired; or 

(b) the application has been opposed and opposition has been rejected,  

the Registrar shall register the variety. 

(2)  On  the  registration  of  the  variety  (other  than  an  essentially  derived  variety),  the  Registrar  shall 
issue to the  applicant  a  certificate  of registration  in the  prescribed form  and  sealed  with the  seal  of  the 
Registry and send a copy to the Authority for determination of benefit sharing and to such other authority, 
as  may  be  prescribed,  for  information.  The  maximum  time  required  by  the  Registrar  for  issuing  the 
certificate  of  registration  from  the  date  of  filing  of  the  application  for  registration  of  a  variety  shall  be 
such as may be prescribed. 

(3) Where registration of a variety (other than an essentially derived variety), is not completed within 
twelve  months  from  the  date  of  the  application  by  reason  of  default  on  the  part  of  the  applicant,  the 
Registrar  may,  after  giving  notice  to  the  applicant  in  the  prescribed  manner,  treat  the  application  as 
abandoned unless it is completed within the time specified in that behalf in the notice. 

(4) The Registrar may amend the register or a certificate of registration for the purpose of correcting a 

clerical error or an obvious mistake. 

(5) The Registrar shall have power to issue such directions to protect the interests of a breeder against 
any  abusive  act  committed  by  any  third  party  during  the  period  between  filing  of  application  for 
registration and decision taken by the Authority on such application. 

(6) The certificate  of registration  issued  under  this  section  or  sub-section  (8)  of  section  23  shall  be 
valid  for  nine  years in  the case  of  trees  and  vines and  six  years  in  the  case  of  other  crops  and  may  be 
reviewed and renewed for remaining period on payment of such fees as may be fixed by the rules made in 
this behalf subject to the condition that the total period of validity shall not exceed,— 

(i) in the case of trees and vines, eighteen years from the date of registration of the variety; 

(ii) in the case of extant variety, fifteen years from the date of the notification of that variety by 

the Central Government under section 5 of the Seeds Act, 1966 (54 of 1966); and 

(iii) in other cases, fifteen years from the date of registration of the variety. 

25.  Publication  of  list  of  varieties.—The  Authority  shall,  within  such  intervals  as  it  thinks 

appropriate, publish the list of varieties which have been registered during that interval. 

26. Determination of benefit sharing by Authority.—(1) On receipt of a copy of the certificate of 
registration  under  sub-section  (8)  of  section  23  or  sub-section  (2)  of  section  24,  the  Authority  shall 
publish such contents of the certificate and invite claims of benefit sharing to the variety registered under 
such certificate in the manner as may be prescribed. 

(2)  On  invitation  of  the  claims  under  sub-section  (1),  any  person  or  group  of  persons  or  firm  or                  

governmental or non-governmental organisation shall submit its claim of benefit sharing to such variety 
in the prescribed form within such period, and accompanied with such fees, as may be prescribed: 

Provided that such claim shall only be submitted by any— 

(i) person or group of persons, if such person or every person constituting such group is a citizen 

of India; or 

15 

 
 
(ii)  firm  or  governmental  or  non-governmental  organisation,  if  such  firm  or  organisation  is 

formed or established in India. 

(3) On receiving a claim under sub-section (2), the Authority shall send a copy of such claim to the 
breeder  of  the  variety  registered  under  such  certificate  and  the  breeder  may,  on  receipt  of  such  copy, 
submit his opposition to such claim within such period and in such manner as maybe prescribed. 

(4) The Authority shall, after giving an opportunity of being heard to the parties, dispose of the claim 

received under sub-section (2). 

(5) While disposing of the claim under sub-section (4), the Authority shall explicitly indicate in its 
order the amount of the benefit sharing, if any, for which the claimant shall be entitled and shall take into 
consideration the following matters, namely:— 

(a) the extent and nature of the use of genetic material of the claimant in the development of the 

variety relating to which the benefit sharing has been claimed; 

(b) the commercial utility and demand in the market of the variety relating to which the benefit 

sharing has been claimed. 

(6) The amount of benefit sharing to a variety determined under this section shall be deposited by the 
breeder  of  such  variety  in  the  manner  referred  to  in  clause  (a)  of  sub-section  (1)  of  section  45  in  the 
National Gene Fund. 

(7)  The  amount  of  benefit  sharing  determined  under  this  section  shall,  on  a  reference  made  by  the 
Authority in the prescribed manner, be recoverable as an arrear of land revenue by the District Magistrate 
within whose local limits of jurisdiction the breeder liable for such benefit sharing resides. 

27. Breeder to deposit seeds or propagating material.—(1) The breeder shall be required to deposit 
such quantity  of seeds  or propagating  material  including  parental  line  seeds  of  registered  variety  in the 
National  Gene  Bank  as  may  be  specified  in  the  regulations  for  reproduction  purpose  at  the  breeder's 
expense within such time as may be specified in that regulation. 

(2)  The  seeds  or  propagating  material  or  parental  line  seeds  to  be  deposited  under  sub-section  (1) 

shall be deposited to the National Gene Bank specified by the Authority. 

28.  Registration  to  confer  right.—(1)  Subject  to  the  other  provisions  of  this  Act,  a  certificate  of 
registration  for  a  variety  issued  under  this  Act  shall  confer  an  exclusive  right  on  the  breeder  or  his 
successor, his agent or licensee, to produce, sell, market, distribute, import or export the variety: 

Provided that in the case of an extant variety, unless a breeder or his successor establishes his right, 
the  Central  Government,  and  in  cases  where  such  extant  variety  is  notified  for  a  State  or  for  any  area 
thereof under section 5 of the Seeds Act, 1966 (54 of 1966), the State Government, shall be deemed to be 
the owner of such right. 

(2)  A  breeder  may  authorise  any  person  to  produce, sell,  market  or  otherwise  deal  with  the  variety 

registered under this Act subject to such limitations and conditions as may be specified by regulations. 

(3) Every authorisation under this section shall be in such form as may be specified by regulations. 

(4)  Where  an  agent  or  a  licensee  referred  to  in  sub-section  (1)  becomes  entitled  to  produce,  sell, 
market,  distribute,  import  or  export  a  variety,  he  shall  apply  in  the  prescribed  manner  and  with  the 
prescribed fees to the Registrar to register his title and the registrar shall, on receipt of application and on 
proof of title to his satisfaction, register him as an agent or a licensee, as the case may be, in respect of the 
variety  for  which  he  is  entitled  for  such  right,  and  shall  cause  particulars  of  such  entitlement  and 
conditions or restrictions, if any, subject to which such entitlement is made, to be entered in the Register: 

Provided  that  when  the  validity  of  such  entitlement  is  in  dispute  between  the  parties,  the  Registrar 
may refuse to register the entitlement and refer the matter in the prescribed manner to the Authority and 
withhold the registration of such entitlement until the right of the parties in dispute so referred to has been 
determined by the Authority. 

(5) The Registrar shall issue a certificate of registration under sub-section (4) to the application after 
such  registration  and  shall  enter  in  the  certificate  the  brief  conditions  of  entitlement,  if  any,  in  the 

16 

 
prescribed  manner,  and  such  certificate  shall  be  the  conclusive  proof  of  such  entitlement  and  the 
conditions or restriction thereof, if any. 

(6) Subject to any agreement subsisting between the parties, an agent or licensee of a right to a variety 
registered under sub-section (4) shall be entitled to call upon the breeder or his successor thereof to take 
proceedings to prevent infringement thereof, and if the breeder or his successor refuses or neglects to do 
so  within  three  months  after  being  so  called  upon,  such  registered  agent  or  licensee  may  institute 
proceedings  for  infringement  in  his  own  name  as  if  he  were  the  breeder,  making  the  breeder  or  his 
successor a defendant. 

(7)  Notwithstanding  anything  contained  in  any  other  law,  a  breeder  or  his  successor  so  added  as 
defendant  shall  not  be  liable  for  any  costs  unless  he  enters  an  appearance  and  takes  part  in  the 
proceedings. 

(8) Nothing in this section shall confer on a  registered agent or registered licensee of a variety any 

right to transfer such right further thereof. 

(9) Without prejudice to the registration under sub-section (4), the terms of registration— 

(a) may be varied by the Registrar as regards the variety in respect of which, or any condition or 
restriction subject to which, it has effect on receipt of an application in the prescribed manner of the 
registered breeder of such variety or his successor; 

(b)  may  be  cancelled  by  the  Registrar  on  the  application  in  the  prescribed  manner  of  the 
registered breeder of such variety or his successor or of the registered agent or registered licensee of 
such variety; 

(c) may be cancelled by the Registrar on the application in the prescribed manner of any person 
other  than  the  breeder,  his  successor,  the  registered  agent  or  the  registered  licensee  on  any  of  the 
following grounds, namely:— 

(i) that the breeder of a variety or his successor or the registered agent or registered licensee 
of  such  variety,  misrepresented,  or  failed  to  disclose,  some  fact  material  to  the  application  for 
registration  under  sub-section  (4)  which  if  accurately  represented  or  disclosed  would  have 
justified  the  refusal  of  the  application  for  registration  of  the  registered  agent  or  registered 
licensee; 

(ii)  that  the  registration  ought  not  to  have  effected  having  regard  to  the  right  vested  in  the 

applicant by virtue of a contract in the performance of which he is interested; 

(d) may be cancelled by the Registrar on the application in the prescribed manner of the breeder 
of a registered variety or his successor on the ground that any stipulation in the agreement between 
the registered agent or the registered licensee, as the case may be, and such breeder or his successor 
regarding  the  variety  for  which  such  agent  or  licensee  is  registered  is  not  being  enforced  or  is  not 
being complied with; 

(e) may be cancelled by the registrar on the application of any person in the prescribed manner on 

the ground that the variety relating to the registration is no longer existing. 

(10) The registrar shall issue notice in the prescribed manner of' every application under this section 
to the registered breeder of a variety or his successor and to each registered agent or registered licensee 
(not being the applicant) of such variety. 

(11) The Registrar shall, before making any order under sub-section (9) forward the application made 
in that behalf along with any objection received by any party after notice under sub-section (10) for the 
consideration  of  the  Authority,  and  the  Authority  may,  after  making  such  inquiry  as  it  thinks  fit,  issue 
such  directions  to  the  Registrar  as  it  thinks  fit  and  the  Registrar  shall  dispose  of  the  application  in 
accordance with such directions. 

29.  Exclusion  of  certain  varieties—(1)  Notwithstanding  anything  contained  in  this  Act,  no 
registration  of  a  variety  shall  be  made  under  this  Act  in  cases  where  prevention  of  commercial 
exploitation of such variety is necessary to protect public order or public morality or human, animal and 
plant life and health or to avoid serious prejudice to the environment. 

17 

 
(2)  The  Central  Government  shall,  by  notification  in  the  Official  Gazette,  specify  the  genera  or 
species for the purposes of registration of varieties other than extant varieties and farmers’ varieties under 
this Act. 

(3)  Notwithstanding  anything  contained  under  sub-section  (2)  and  sub-sections  (1)  and  (2)                          

of section 15, no variety of any genera or species which involves any technology which is injurious to the 
life or health of human beings, animals or plants shall be registered under this Act. . 

Explanation.—For the purposes of this sub-section, the expression “any technology” includes genetic 

use restriction technology and terminator technology. 

(4) The Central Government shall not delete any genera or species from the list of genera or species 

specified in a notification issued under sub-section (2) except in the public interest. 

(5) Any variety belonging to the genera or species excluded under sub-section (4) shall not be eligible 

for any protection under this Act. 

30. Researcher’s rights—Nothing contained in this Act shall prevent— 

(a)  the  use  of  any  variety  registered  under  this  Act  by  any  person  using  such  variety  for 

conducting experiment or research; or 

(b) the use of a variety by any person as an initial source of variety for the purpose of creating 

other varieties: 

Provided that the authorisation of the breeder of a  registered variety is required where the repeated 
use  of  such  variety  as  a  parental  line  is  necessary  for  commercial  production  of  such  other  newly 
developed variety. 

31.  Special  provisions  relating  to  application  for  registration  from  citizens  of  convention 
countries.—(1)  With  a  view  to  the  fulfilment  of  a treaty,  convention  or  arrangement  with  any  country 
outside  India  which  affords  to  citizens  of  India  similar  privileges  as  granted  to  its  own  citizens,  the 
Central Government may, by notification in the Official Gazette, declare such country to be a convention 
country for the purposes of this Act. 

(2) Where a person has made an application for the granting of a breeder's right to a variety or for 
entering such variety in the official register of varieties in a convention country and that person, or any 
person entitled to make application on his behalf under section 14 or section 23, makes an application for 
the registration of such variety in India within twelve months after the date on which the application was 
made  in  the  convention country,  such  variety  shall,  if  registered  under this  Act,  be  registered  as  of  the 
date on which the application was made in the convention country and that date shall be deemed for the 
purposes of this Act to be the date of registration. 

(3) Where applications have been made for granting of a breeder's right to  a variety, or for entering 
such variety in the official register of varieties in two or more convention countries, the period of twelve 
months referred to in sub-section (2) shall be reckoned from the date on which the earlier or earliest of 
those applications were made. 

(4) Nothing in this Act shall entitle the breeder of a registered variety to infringement of rights other 
than protected under this Act which took place prior to the date of application of registration under this 
Act. 

32. Provisions as to  reciprocity.—Where any  country  declared  by  the  Central Government  in this 
behalf  by  notification  in  the  Official  Gazette  under  sub-section  (1)  of  section  31  does  not  accord  to 
citizens of India the same rights in respect of the registration and protection of a variety, as it accords to 
its  own  nationals,  no  nationals  of  such  country  shall  be  entitled,  either  solely  or  jointly  with  any  other 
person, to apply for the registration of a variety or be entitled to get a variety registered under this Act. 

18 

 
 
 
CHAPTER V 

SURRENDER AND REVOCATION OF CERTIFICATE AND RECTIFICATION AND CORRECTION OF REGISTER 

33.  Surrender  of  certificate  of registration.—(1)  A  breeder  of  a  variety  registered  under this  Act 
may,  at  any  time  by  giving  notice  in  the  prescribed  manner  to  the  Registrar,  offer  to  surrender  his 
certificate of registration. 

(2) Where such an offer is made, the Registrar shall notify in the prescribed manner every registered 

agent or registered licensee relating to such certificate. 

(3)  Any  of  such  agent  or  licensee  may,  within  the  prescribed  period  after  such  notification,  give 
notice to the Registrar of his opposition to the surrender and where any such notice is given, the Registrar 
shall intimate the contents of such notice to the breeder of such variety. 

(4) If the Registrar is satisfied after hearing the applicant and all the opponents, if desirous of being 
heard,  that  the  certificate  of  registration  may  properly  be  surrendered,  he  may  accept  the  offer  and  by 
order revoke the certificate of registration. 

34. Revocation of protection on certain grounds.—Subject to the provisions contained in this Act, 
the protection granted to a breeder in respect of a variety may, on the application in the prescribed manner 
of any person interested, be revoked by the Authority on any of the following grounds, namely:— 

(a)  that  the  grant  of  the  certificate  of  registration  has  been  based  on  incorrect  information 

furnished by the applicant; 

(b)  that  the  certificate  of  registration  has  been  granted  to  a  person  who  is  not  eligible  for 

protection under this Act; 

(c) that the breeder did not provide the Registrar with such information, documents or material as 

required for registration under this Act; 

(d) that the breeder has failed to provide an alternative denomination of the variety which is the 
subject  matter  of  the  registration  to  the  Registrar  in  case  where  the  earlier  denomination  of  such 
variety provided to the Registrar is not permissible for registration under this Act; 

(e) that the breeder did not provide the necessary seeds  or propagating material to the person to 
whom compulsory licence has been issued under section 47 regarding the variety in respect of which 
registration certificate has been issued to such breeder; 

(f) that the breeder has not complied with the provisions of this Act or rules or regulations made 

thereunder; 

(g)  that  the  breeder  has  failed  to  comply  with  the  directions  of  the  Authority  issued  under  this 

Act; 

(h) that the grant of the certificate of registration is not in the public interest: 

Provided that no such protection shall be revoked unless the breeder is given a reasonable opportunity 

to file objection and of being heard in the matter. 

35. Payment of annual fees and forfeiture of registration in default thereof.—(1) The Authority 
may, with the prior approval of the Central Government,  by notification in the Official Gazette, impose a 
fees to be paid annually, by every breeder of a variety, agent and licensee thereof registered under this Act 
determined on the basis of benefit or royalty gained by such breeder, agent or licensee, as the case may 
be, in respect of the variety, for the retention of their registration under this Act. 

(2)  If  any  breeder,  agent or  licensee fails to  deposit the  fees  referred  to  in sub-section (1) imposed 
upon him under that sub-section in the prescribed manner up to two consecutive years, the Authority shall 
issue notice to such breeder, agent or licensee and on service of such notice if he fails to comply with the 
direction  in  the  notice,  the  Authority  shall  declare  all  the  protection  admissible  under  registration 
certificate issued to such breeder or agent or licensee forfeited. 

(3) The arrears of fees imposed under sub-section (1) shall be deemed to be arrears of land revenue 

and shall be recoverable accordingly. 

19 

 
36.  Power  to  cancel  or  change  registration  and  to  rectify  the  Register—(1)  On  an  application 
made in the prescribed manner to the Registrar by any person aggrieved, the Registrar may  make such 
order as he may think fit for cancelling or changing any certificate of registration issued under this Act on 
the ground of any contravention of the provisions of this Act or failure to observe a condition subject to 
which such registration certificate is issued. 

(2) Any person aggrieved by the absence or omission from the Register of any entry, or by any entry 
made in the Register without sufficient cause, or by any entry wrongly remaining on the Register, may 
apply  in  the  prescribed  manner  to  the  Registrar  and  the  Registrar  may  make  such  order  for  making, 
expunging or varying the entry as he may think fit. 

(3)  The  Registrar  may,  in  any  proceeding  under  this  section,  decide  any  question  that  may  be 

necessary or expedient to decide in connection with the rectification of the Register. 

(4) The Registrar on his own motion may, after giving notice in the prescribed manner to the parties 

concerned  and  after  giving  them  an  opportunity  of  being  heard,  make  any  order  referred  to  in               
sub-section (1) or sub-section (2). 

37. Correction of Register.—(1) The Registrar may, on an application in the prescribed manner by 

the breeder of a variety registered under this Act,— 

(a) correct any error in the Register in the name, address or description of such breeder or any 

other entry relating to such variety; 

(b) enter in the Register any change in the name, address or description of such breeder; 

(c) cancel the entry in the  Register of the variety in respect of which such application is made; 
and  may    make  any  consequential  amendment  or alteration  in  the  certificate  of  registration  and  for 
that purpose require the certificate of registration to be produced to him. 

(2)  The  Registrar  may,  on  application  made  in  the  prescribed  Register  by  a  registered  agent  or  a 
registered licensee of a variety and after notice to the registered breeder of such variety, correct any error, 
or enter any change, in the name, address or description of such registered agent or registered licensee, as 
the case may be, in the Register or certificate of registration under this Act. 

38.  Alteration  of  denomination  of  a  registered  variety.—(1)  The  breeder  of  a  variety  registered 
under this Act may apply in the prescribed manner to the Registrar to delete any part or to add to or alter 
the denomination of such variety in any manner not substantially affecting the identity thereof, and the 
Registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think 
fit to avoid any conflict with the rights of other breeders of the varieties registered under this Act. 

(2)  The  Registrar  may  cause  an  application  under  this  section  to  be  advertised  in  the  prescribed 
manner in any case where it appears to him that it is expedient so to do, and where he does so, if within 
the  prescribed  time  from  the  date  of  the  advertisement  any  person  gives  notice  to  the  Registrar  in  the 
prescribed  manner  of  opposition  to  the  application,  the  Registrar  shall,  after  hearing  the  parties  if  so 
required, decide the matter. 

(3)  Where  leave  is  granted  under  this  section,  the  denomination  of  the  variety  as  altered  shall  be 

advertised  in  the  prescribed  manner,  unless  the  application  has  already  been  advertised  under                 
sub-section (2). 

CHAPTER VI 

FARMERS’ RIGHTS 

39. Farmers’ rights.—(1) Notwithstanding anything contained in this Act,— 

(i) a farmer who has bred or developed a new variety shall be entitled for registration and other 

protection in like manner as a breeder of a variety under this Act; 

(ii) the farmers’ variety shall be entitled for registration if the application contains declarations as 

specified in clause (h) of sub-section (1) of section 18; 

20 

 
(iii)    a  farmer  who  is  engaged  in  the  conservation  of  genetic  resources  of  land  races  and  wild 
relatives  of  economic  plants  and  their  improvement  through  selection  and  preservation  shall  be 
entitled in the prescribed manner for recognition and reward from the Gene Fund: 

Provided  that  material  so  selected  and  preserved  has  been  used  as  donors  of  genes  in  varieties 

registrable under this Act; 

(iv) a farmer shall be deemed to be entitled to save, use, sow resow, exchange, share or sell his 
farm  produce  including  seed  of  a  variety  protected  under  this  Act  in  the  same  manner  as  he  was 
entitled before the coming into force of this Act: 

Provided that the farmer shall not be entitled to sell branded seed of a variety protected under this 

Act. 

Explanation.—For the purpose of clause (iv), “branded seed” means any seed put in a package or any 
other container and labelled in a manner indicating that such seed is of a variety protected under this Act. 

(2) Where any propagating material of a variety registered under this Act has been sold to a farmer or 
a group of farmers or any organisation of farmers, the breeder of such variety shall disclose to the farmer 
or  the  group  of  farmers  or  the  organisation  of  farmers,  as  the  case  may  be,  the  expected  performance 
under  given  conditions,  and  if  such  propagating  material  fails  to  provide  such  performance  under  such 
given conditions, the farmer or the group of farmers or the organisation of farmers, the case may be, may 
claim compensation in the prescribed manner before the Authority and the Authority, after giving notice 
to the breeder of the variety and after providing him an opportunity to file opposition in the prescribed 
manner and after hearing the parties, may direct the breeder of the variety to pay such compensation as it 
deems fit, to the farmer or the group of farmers or the organisation of farmers, as the case may be. 

40.  Certain  information  to  be  given  in  application  registration.—(1)  A  breeder  or  other  person 
making application for registration of any variety under Chapter III shall disclose in the application the 
information regarding the use of genetic material conserved by any tribal or rural families in the breeding 
or development of such variety. 

(2)  If  the  breeder  or  such  other  person  fails  to  disclose  any  information  under  sub-section  (1),  the 
Registrar may, after being satisfied that the breeder or such person has wilfully and knowingly concealed 
such information, reject the application for registration. 

41.  Rights  of  communities.—(1)  Any  person  or  group  of  persons  (whether  actively  engaged  in 
farming or not) or any governmental or non-governmental organisation may, on behalf of any village or 
local  community  in  India,  file  in  any  centre  notified,  with  the  previous  approval  of  the  Central 
Government,  by  the  Authority,  in  the  Official  Gazette,  any  claim  attributable  to  the contribution  of the 
people  of  that  village  or  local  community,  as  the  case  may  be,  in  the  evolution  of  any  variety  for  the 
purpose of staking a claim on behalf of such village or local community. 

(2)  Where  any  claim  is  made  under  sub-section  (1),  the  centre  notified  under  that  sub-section  may 
verify  the  claim  made  by  such  person  or  group  of  persons  or  such  governmental  or  non-governmental 
organisation in such manner as it deems fit, and if it is satisfied that such village or local community has 
contributed significantly to the evolution of the variety which has been registered under this Act, it shall 
report its findings to the Authority. 

(3)  When  the  Authority,  on  a  report  under  sub-section  (2)  is  satisfied,  after  such  inquiry  as  it  may 
deem fit, that the variety with which the report is related has been registered under the provisions of this 
Act,  it  may  issue  notice  in  the  prescribed  manner  to  the  breeder  of  that  variety  and  after  providing 
opportunity to such breeder to file objection in the prescribed manner and of being heard, it may subject 
to any limit notified by the Central Government, by order, grant such sum of compensation to be paid to a 
person  or  group  of  persons  or  governmental  or  non-governmental  organisation  which  has  made  claim 
under sub-section (1), as it may deem fit. 

(4) Any compensation granted under sub-section (3) shall be deposited by the breeder of the variety 

in the Gene Fund. 

(5) The compensation granted under sub-section (3) shall be deemed to be an arrear of land revenue 

and shall be recoverable by the Authority accordingly. 
21 

 
42. Protection of innocent infringement.—Notwithstanding anything contained in this Act,— 

(i) a right established under this Act shall not be deemed to be infringed by a farmer who at the 

time of such infringement was not aware of the existence of such right; and 

(ii) a relief which a court may grant in any suit for infringement referred to in section 65 shall not 
be granted by such court, nor any cognizance of any offence under this Act shall be taken, for such 
infringement  by  any  court  against  a  farmer  who  proves,  before  such  court,  that  at  the  time  of  the 
infringement he was not aware of the existence of the right so infringed. 

43. Authorisation of farmers’ variety.—Notwithstanding anything contained in  sub-section (6) of 
section  23  and  section  28,  where  an  essentially  derived  variety  is  derived  from  a  farmers’  variety,  the 
authorisation under sub-section (2) of section 28 shall not be given by the breeder of such farmers’ variety 
except  with  the  consent  of  the  farmers  or  group  of  farmers  or  community  of  farmers  who  have  made 
contribution in the preservation or development of such variety. 

44. Exemption from fees.—A farmer or group of farmers or village community shall not be liable to 
pay any fees in any proceeding before the Authority or Registrar 1*** or the High Court under this Act or 
the rules made thereunder. 

Explanation.—For the purposes of this section,  “fees in any proceeding” includes any  fees payable 
for inspection of any document or for obtaining a copy of any decision or order or document under this 
Act or the rules made thereunder. 

45. Gene Fund.—(1) The Central Government shall constitute a Fund to be called the National Gene 

Fund and there shall be credited thereto— 

(a)  the  benefit  sharing  received  in  the  prescribed  manner  from  the  breeder  of  a  variety  or                      

an  essentially  derived  variety  registered  under  this  Act,  or  propagating  material  of  such  variety  or 
essentially derived variety, as the case may be; 

(b) the annual fees payable to the Authority by way of royalty under sub-section (1) of section 35; 

(c) the compensation deposited in the Gene Fund under sub-section (4) of section 41; 

(d) the contribution from any national and international organisation and other sources. 

(2) The Gene Fund shall, in the prescribed manner, be applied for meeting— 

(a) any amount to be paid by way of benefit sharing under sub-section (5) of section 26; 

(b) the compensation payable under sub-section (3) of section 41; 

(c)  the  expenditure  for  supporting  the  conservation  and  sustainable  use  of  genetic  resources 
including  in-situ  and  ex-situ  collections  and  for  strengthening  the  capability  of  the  Panchayat  in 
carrying out such conservation and sustainable use; 

(d) the expenditures of the schemes relating to benefit sharing framed under section 46. 

46. Framing of schemes, etc.—(1) The Central Government shall, for the purposes of section 41 and 
clause  (d)  of  sub-section  (2)  of  section  45,  frame,  by  notification  in  the  Official  Gazette,  one  or  more 
schemes. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  provisions  of  sub-section  (1),  the 

scheme may provide for all or any of the following matters, namely:— 

(a) the registration of the claims for the purposes of section 41 under the scheme and all matters 

connected with such registration; 

(b) the processing of such claims for securing their enforcement and matters connected therewith; 

(c) the maintenance of records and Registers in respect of such claims; 

(d)  the  utilisation,  by  way  of  disbursal  (including  apportionment)  or  otherwise, of  any  amounts 

received in satisfaction of such claims; 

1. The words “or the Tribunal” omitted by Act 33 of 2021, s. 23 (w.e.f. 4-4-2021). 

22 

 
                                                           
(e)  the  procedure  for  disbursal  or  apportionment  by  the  Authority  in  the  event  of  dispute 

regarding such claims; 

(f)  the  utilisation  of  benefit  sharing  for  the  purposes  relating  to  breeding,  discovery  or 

development of varieties; 

(g) the maintenance and audit of accounts with respect to the amounts referred to in clause (d). 

CHAPTER VII 

COMPULSORY LICENCE 

47. Power of Authority to make order for compulsory licence in certain circumstances.—(1) At 
any time, after the expiry of three years from the date of issue of a certificate of registration of a variety, 
any person interested may make an application to the Authority alleging that the reasonable requirements 
of the public for seed or other propagating material of the variety have not been satisfied or that the seed 
or other propagating material of the variety is not available to the public at a reasonable price and pray for 
the  grant  of  a  compulsory  licence  to  undertake  production,  distribution  and  sale  of  the  seed  or  other 
propagating material of that variety. 

(2) Every application under sub-section (1) shall contain a statement of the nature of the applicant’s 
interest together with such particulars as may be prescribed and the facts upon which the application is 
based. 

(3)  The  Authority,  after  consultation  with  Central  Government,  and  if  satisfied  after  giving  an 
opportunity to the breeder of such variety, to file opposition and after hearing the parties, on the issue that 
the reasonable requirements of the public with respect to the variety have not been satisfied or that the 
seed or other propagating material of the variety is not available to the public at a reasonable price, may 
order such breeder to grant a licence to the applicant upon such terms and conditions as it may deem fit 
and  send  a  copy  of  such  order  to  the  Registrar  to  register  the  title  of  such  applicant  as  licensee  under               
sub-section (4) of section 28 on payment of such fees by the applicant as is referred to in that sub-section. 

48. When requirement of public deemed to have not been satisfied.—In determining the question 
as to whether the reasonable requirements of the public for seeds of a variety or its propagating material 
as referred to in sub-section (1) or sub-section (3) of section 47, the Authority shall take into account— 

(i)  the  nature  of  the  variety,  the  time  which  has  elapsed  since  the  grant  of  the  certificate  of 
registration of the variety, price of the seed of the variety and the measures taken by the breeder or 
any registered licensee of the variety to meet the requirement of the public; and 

(ii)  the  capacity,  ability  and  technical  competence  of  the  applicant  to  produce  and  market  the 

variety to meet the requirement of the public. 

49. Adjournment of application for grant of compulsory licence.—(1) If the breeder of a variety 
registered under this Act in respect of which any application has been pending before the Authority under 
section 47 makes a written request to the Authority on the ground that due to any reasonable factor, such 
breeder  has  been  unable  to  produce  seed  or  other  propagating  material  of  the  variety  on  a  commercial 
scale to an adequate extent till the date of making such request, the Authority may, on being satisfied that 
the  said  ground  is  reasonable,  adjourn  the  hearing  of  such  application  for  such  period  not  exceeding 
twelve  months  in  aggregate  as  it  may  consider  sufficient  for  optimum  production  of  the  seed  or 
propagating material of such variety, as the case may be, by such breeder. 

(2) No adjournment of the application under sub-section (1) shall be granted unless the Authority is 
satisfied that the breeder of the variety  registered under this Act in respect of which such application is 
made,  has taken  immediate  measures  to  meet the reasonable requirements  of the  public  for the  seed  or 
other propagating material of such variety. 

50. Duration of compulsory licence.—The Authority shall determine the duration of the compulsory 

licences  granted  under this  Chapter and such  duration  may  vary  from  case to  case  keeping  in  view  the   
gestation periods and other relevant factors but in any  case  it shall  not exceed the total remaining period       

23 

 
 
of the protection of that variety and when a compulsory licence is granted the prescribed authority shall, 
in  the  prescribed  manner  make  available  to  the  licensee  of  such  compulsory  licence,  the  reproductive 
material of the variety relating to such compulsory licence stored in the National Gene Bank or any other 
centre. 

51.  Authority  to  settle  terms  and  conditions  of  licence.—(1)  The  Authority  shall,  while 
determining  the  terms  and  conditions  of  a  compulsory  licence  under  the  provisions  of  this  Chapter, 
endeavour to secure— 

(i)  reasonable  compensation  to  the  breeder  of  the  variety  relating  to  the  compulsory  licence 
having regard to the nature of the variety, the expenditure incurred by such breeder in breeding the 
variety or for developing it, and other relevant factors; 

(ii) that the compulsory licensee of such variety possesses the adequate means to provide to the 
farmers, the seeds or its other propagating material of such variety timely and at reasonable market 
price. 

(2) No compulsory licence granted by the Authority shall authorise the licensee to import the variety 
relating to such licence or any seed or other propagating material of such variety from abroad where such 
import would constitute an infringement of the rights of the breeder of such variety. 

52. Revocation of compulsory licence.—(1) The Authority, may on its own motion or on application 
from an aggrieved person made to it in the prescribed form, if it is satisfied that a compulsory licensee 
registered under this Chapter has violated any terms or conditions of his licence or it is not appropriate to 
continue further  such licence  in  public  interest,  it  may  after  giving  such  licensee  an  opportunity  to  file 
opposition and of being heard make order to revoke such licence. 

(2) When a licence is revoked under sub-section (1) by an order of the Authority, the Authority shall 
send  a  copy  of  such  order  to  the  Registrar  to  rectify  the  entry  or  correct  the  Register  relating  to  such 
revocation and the Registrar shall rectify the entry or correct the Register accordingly. 

53. Modification of compulsory licence.—The Authority may, on its own motion or on application 
from licensee of a compulsory licence, after providing the opportunity of being heard to the breeder of the 
variety registered under this Act relating to such compulsory licence, if it considers, in public interest, so 
to do,  modify, by order, such terms and conditions as it thinks fit and send a copy of such order to the 
Registrar to correct the entries and Register according to such modification and the Registrar shall ensure 
such corrections to be made accordingly. 

CHAPTER VIII 

1[APPEALS] 

54. [Tribunal.]—Omitted by The Tribunal Reforms Act (33 of 2021), s. 23 (w.e.f. 4-4-2021). 

55. [Composition of Tribunal.]—Omitted by s. 23, ibid. (w.e.f. 4-4-2021). 

56.  Appeals  to  2[High  Court].—(1)  An  appeal  shall  be  preferred  to  the  2[High  Court]  within  the 

prescribed period from any— 

(a) order or decision of the Authority or Registrar, relating to registration of a variety; or 

(b) order or decision of the Registrar relating to registration as an agent or a licensee of a variety; 

or 

(c) order or decision of the Authority relating to claim for benefit sharing; or 

(d) order or decision of the Authority regarding revocation of compulsory licence or modification 

of compulsory licence; or 

(e) order or decision of the Authority regarding payment of compensation, made under this Act or 

rules made thereunder. 

1. Subs. by Act 33 of 2021, s. 23, for “PLANT VARIETIES PROTECTION APPELLATE TRIBUNAL” (w.e.f. 4-4-2021). 
2. Subs. by s. 23, ibid., for “Tribunal” (w.e.f. 4-4-2021). 

24 

 
                                                           
(2) Every such appeal shall be preferred by a petition in writing and shall be in such form and shall 

contain such particulars as may be prescribed. 

1* 

* 

* 

* 

* 

57. Orders of 2[High Court].—(1) The 2[High Court] may, after giving both the parties to the appeal 

an opportunity of being heard, pass such orders thereon as it thinks fit. 

(2) The  2[High Court] may, at any time within thirty days from the date of the order, with a view to 
rectifying the mistake apparent from the record, amend any order passed by it under sub-section (1), and 
make such amendment if the mistake is brought to its notice by the appellant or the opposite party. 

(3) In every appeal, the 2[High Court] may, where it is possible, hear and decide such appeal within a 

period of one year from the date of filing of the appeal. 

(4) The 2[High Court] shall send a copy of any order passed under this section to the Registrar. 

3* 

* 

* 

* 

* 

58. [Procedure of Tribunal].—Omitted by The Tribunal Reforms Act (33 of 2021), s. 23 (w.e.f. 4-4-

2021). 

59. [Transitional provision.]—Omitted by s. 23, ibid. (w.e.f. 4-4-2021). 

CHAPTER IX 

FINANCE, ACCOUNTS AND AUDIT 

60. Grants by Central Government.—The Central government may, after due appropriation made 
by Parliament by law in this behalf, make to the Authority grants and loans of such sums of money as the 
Central Government may think fit for being utilised for the purposes of this Act. 

61.  Authority  Fund.—(1)  There  shall  be  constituted  a  fund  to  be  called  the  Protection  of  Plant 

Varieties Authority Account and there shall be credited thereto— 

(a) all grants and loans made to the Authority by the Central Government under section 60; 

(b) all fees received by the Authority and the Registrars except the annual fees determined on the 

basis of benefit or royalty under sub-section (1) of section 35; 

(c) all sums received by the Authority from such other sources as may be decided upon by the 

Central Government. 

(2) The Protection of Plant Varieties Authority Account shall be applied for meeting— 

(a)  the  salaries,  allowances  and  other  remuneration  of  the  Chairperson,  officers  and  other 

employees of the Authority and allowances, if any, payable to the members; 

(b) the other expenses of the Authority in connection with the discharge of its functions and for 

purposes of this Act. 

62.  Budget,  accounts  and  audit.—(1)  The  Authority  shall  prepare  a  budget,  maintain  proper 
accounts and other relevant records (including the accounts and other relevant records of the Gene Fund) 
and  prepare  an  annual  statement  of  accounts  in  such  form  as  may  be  prescribed  by  the  Central 
Government in consultation with the Comptroller and Auditor-General of India. 

(2) The accounts of the Authority shall be audited by the Comptroller and Auditor-General of India at 
such  intervals  as  may  be  specified  by  him  and  any  expenditure  incurred  in  connection  with  such  audit 
shall be payable by the Authority to the Comptroller and Auditor-General of India. 

(3)  The  Comptroller  and  Auditor-General  of  India  and  any  other  person  appointed  by  him  in 
connection with the audit of the accounts of the Authority shall have the same right and privileges and 
authority in connection with such audit as the Comptroller and Auditor-General of India generally has in 

1. Sub-section (3) omitted by Act 33 of 2021, s. 23 (w.e.f. 4-4-2021). 
2. Subs. by s. 23, ibid., for “Tribunal” (w.e.f. 4-4-2021). 
3. Sub-section (5) omitted by s. 23, ibid. (w.e.f. 4-4-2021). 

25 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
connection with the audit of the Government accounts and, in particular, shall have the right to demand 
the  production  of  books,  accounts,  connected  vouchers  and  other  documents  and  papers  and  to  inspect 
any of the offices of the Authority. 

(4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any 
other  person  appointed  by  him  in  his  behalf  together  with  the  audit  report  thereon  shall  be  forwarded 
annually  to  the  Central  Government  and  that  Government  shall  cause  the  same  to  be  laid  before  each 
House of Parliament. 

63.  Financial  and  administrative  powers  of  the  Chairperson.—The  Chairperson  shall  exercise 

such financial and administrative powers over the functions of the Authority as may be prescribed: 

Provided  that  the  Chairperson  shall  have  the  authority  to  delegate  such  of  his  financial  and 
administrative powers as he may think fit to a member or any other officer of the Authority subject to the 
condition that the member or such officer shall, while exercising such delegated powers, continue to be 
under the direction, control and supervision of the Chairperson. 

CHAPTER X 

INFRINGEMENT, OFFENCES, PENALATIES AND PROCEDURE 

Infringement 

64.  Infringement.—Subject  to  the  provisions  of  this  Act,  a  right  established  under  this  Act  is 

infringed by a person— 

(a)  who,  not  being  the  breeder  of  a  variety  registered  under  this  Act  or  a  registered  agent  or 
registered  licensee  of  that  variety,  sells,  exports,  imports  or  produces  such  variety  without  the 
permission  of  its  breeder  or  within  the  scope  of  a  registered  licence  or  registered  agency  without 
permission of the registered licensee or registered agent, as the case may be; 

(b)  who  uses,  sells,  exports,  imports  or  produces  any  other  variety  giving  such  variety,  the 
denomination identical with or deceptively similar to the denomination of a variety  registered under 
this  Act  in  such  manner  as  to  cause  confusion  in  the  mind  or  general  people  in  identifying  such 
variety so registered. 

65. Suit for infringement, etc.—(1) No suit— 

(a) for the infringement of a variety registered under this Act; or 

(b) relating to any right in a variety registered under this Act, 

shall be instituted in any court inferior to a District Court having jurisdiction to try the suit. 

(2) For the purposes of clauses (a) and (b) of sub-section (1), “District court having jurisdiction” shall 

mean the District Court within the local limit of whose jurisdiction the cause of action arises. 

66.  Relief  in  suits  for  infringement.—(1)  The  relief  which  a  court  may  grant  in  any  suit  for 
infringement  referred  to  in  section  65  includes  an  injunction  and  at  the  option  of  the  plaintiff,  either 
damages or a share of the profits. 

(2)  The  order  of  injunction  under  sub-section  (1)  may  include  an  ex  parte  injunction  or  any 

interlocutory order for any of the following matters, namely:— 

(a) discovery of documents; 

(b)  preserving  of  infringing  variety  or  documents  or  other  evidence  which  are  related  to  the 

subject-matter of the suit; 

(c)  attachment  of  such  property  of  the  defendant  which  the  court  deems  necessary  to  recover 

damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff. 

67. Opinion of scientific adviser.—(1) When the court has to form an opinion upon any question of 
fact  or  a  scientific  issue,  such  court  may  appoint  an  independent  scientific  adviser  to  suggest  it  or  to 
inquire and report upon the matter to enable it to from the desired opinion. 

26 

 
(2) The scientific adviser may be paid such remuneration or expenses as the court may fix. 

Offences, penalties and procedure 

68. Prohibition to apply the denomination of a registered variety.—(1) No person other than the 
breeder of a variety registered under this Act or a registered licensee or registered agent thereof shall use 
the denomination of that variety in the manner as may be prescribed. 

(2) A person shall be deemed to apply the denomination of a variety registered under this Act who— 

(a) applies it to the variety itself; or 

(b) applies it to any package in or with which the variety is sold, or exposed for sale, or had in 

possession such package for sale or for any purpose of trade or production; or 

(c) places, encloses or annexes the variety which is sold, or exposed for sale, or had in possession 
for sale or for any purpose of trade or production, in or with any package or other thing to which the 
denomination of such variety registered under this Act has been applied; or 

(d)  uses  the  denomination  of  such  variety  registered  under  this  Act  in  any  manner  reasonably 
likely to lead to the belief that the variety or its propagating material in connection with which it is 
used is designated or described by that denomination; or 

(e)  in  relation  to  the  variety  uses  such  denomination  in  any  advertisement,  invoice,  catalogue, 
business letter, business paper, price list or other commercial document and such variety is delivered 
to a person in pursuance of a request or order made by reference to the denomination as so used. 

(3) A denomination shall be deemed to be applied to a variety whether it is woven in, impressed on, 

or otherwise worked into, or annexed or affixed to, such variety or to any package or other thing. 

69.  Meaning  of  falsely  applying  denomination  of  a  registered  variety.—(1)  A  person  shall  be 
deemed to falsely apply the denomination of a variety registered under this Act who, without the assent of 
the breeder of such variety,— 

(a)  applies  such  denomination  or  a  deceptively  similar  denomination  to  any  variety  or  any 

package containing such variety; 

(b) uses any package bearing a denomination which is identical with or deceptively similar to the 
denomination of such variety registered under this Act, for the purpose of packing, filling or wrapping 
therein any variety other than such variety registered under this Act. 

(2)  Any  denomination  of  a  variety  registered  under  this  Act  falsely  applied  as  mentioned  in                  

sub-section (1), is in this Act referred to as false denomination. 

(3) In any prosecution for falsely applying a denomination of a variety  registered under this Act the 

burden of proving the assent of the breeder of such variety shall lie on the accused. 

70. Penalty for applying false denomination, etc.—(1) Any person who— 

(a) applies any false denomination to a variety; or 

(b) indicates the false name of a country or place or false name and address of the breeder of a 

variety registered under this Act in the course of trading such variety, 

shall  unless  he  proves  that  he  acted,  without  intend  to  defraud,  be  punishable  with  imprisonment  for  a 
term which shall not be less than three months but which may extend to two years, or with fine which 
shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both. 

71.  Penalty  for  selling  varieties  to  which  false  denomination  is  applied,  etc.—Any  person  who 
sells, or exposes for sale, or has in his possession for sale or for any purpose of trade or production or any 
variety to which any false denomination is applied or to which an indication of the country or place in 
which  such  variety  was  made  or  produced  or  the  name  and  address  of  the  breeder  of  such  variety 
registered under this Act has been falsely made, shall, unless he proves— 

(a)  that  having  taken  all  reasonable  precautions  against  committing  an  offence  against  this 
section, he had at the time of commission of the alleged offence no reason to suspect the genuineness 

27 

 
of the denomination of such variety or that any offence had been committed in respect of indication of 
the  country  or  place in  which  such  variety  registered  under  this  Act,  was  made  or  produced  or the 
name and address of the breeder of such variety; 

(b)  that,  on  demand  by  or  on  behalf  of  the  prosecutor,  he  gave  all  the  information  in  his 

possession with respect to the person from whom he obtained such variety; or 

(c) that otherwise he had acted innocently, 

be  punishable  with  imprisonment  for  a  term  which  shall  not  be  less  than  six  months  but  which  may 
extend to two years, or with fine which shall not be less than fifty thousand rupees but which may extend 
to five lakh rupees, or with both. 

72. Penalty for falsely representing a variety as  registered.—Whoever makes any  representation 
with respect to the denomination of a variety or its propagating material or essentially derived variety or 
its propagating material not being variety or its propagating material or essentially derived variety or its 
propagating material registered under this Act, to the effect that it is a variety or its propagating material 
or essentially derived variety or its propagating material registered under this Act or otherwise represents 
any  variety,  or  its  propagating  material,  or  essentially  derived  variety  or  its  propagating  material  not 
registered  under  this  Act  to  the  effect  that  it  is  registered  under  this  Act  shall  be  punishable  with 
imprisonment for a term, which shall not be less than six months but which may extend to three years, or 
with  fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with 
both. 

73. Penalty for subsequent offence.—Whoever having already been convicted of an offence under 
this Act is again convicted of such offence shall be punishable for the second and for every subsequent 
offence with imprisonment for a term which shall not be less than one year but which may extend to three 
years,  or  with  fine  which  shall  not  be  less  than  two  lakh  rupees  but  which  may  extend  to  twenty  lakh 
rupees, or with both. 

74. No offence in certain cases.—The provisions of this Act relating to offences shall be subject to 
the right created as recognised by this Act and no act or omission shall be deemed to be an offence under 
the provisions of this Act if such act or omission is permissible under this Act. 

75.  Exemption    of  certain  persons  employed  in  ordinary  course  of  business.—Where  a  person 
accused of an offence under this Act proves that in the ordinary course of his employment, he has acted 
without  any  intention  to  commit  the  offence  and  having  taken  all  reasonable  precautions  against 
committing the offence charged, he had, at the time of the commission of the alleged offence, no reason 
to suspect the genuineness of the act so charged as an offence and on demand made by or on behalf of the 
prosecutor, he gave all the information in his possession with respect to the persons on whose behalf the 
offence was committed, he shall be acquitted. 

76. Procedure where invalidity of registration is pleaded by the accused.—(1) Where the offence 
charged under this Act is in relation to a variety or its propagating material or essentially derived variety 
or its propagating material registered under this Act and the accused pleads that the registration of such 
variety or its propagating material or essentially derived variety or its propagating  material, as the case 
may  be,  is  invalid  and  the  court  is  satisfied  that  such  offence  is  prima  facie  not  tenable,  it  shall  not 
proceed with the charge but shall adjourn the proceedings for three months from the date on which the 
plea of the accused is recorded to enable the accused to file an application before the Registrar under this 
Act for the rectification of the Register on the ground that the registration is invalid. 

(2) If the accused proves to the court that he has made such application within the time so limited or 
within such further time as the court for sufficient cause allow, the further proceedings in the prosecution 
shall stand stayed till the disposal of such application for rectification. 

(3) If within a period of three months or within such extended time as may be allowed by the court, 
the accused fails to apply to the Registrar for rectification of the Register, the court shall proceed with the 
case as if the registration were valid. 

(4)  Where  before  institution  of  a  complaint  of  an  offence  referred  to  in  sub-section  (1),  any 
application for the rectification of the Register concerning the registration of the variety or its propagating 

28 

 
material or essentially derived variety or its propagating material, as the case may be, in question on the 
ground  of  invalidity  of  such  registration  has  already  been  properly  made  to  and  is  pending  before  the 
Registrar,  the  court  shall  stay  the  further  proceedings  in  the  prosecution  pending  the  disposal  of  the 
application aforesaid and shall determine the charge against the accused in conformity with the result of 
the application for rectification. 

77. Offences by companies.—(1) If the person committing an offence under this Act is a company, 
the company as well as every person in charge of, and responsible to, the company for the conduct of its 
business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall 
be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment, if he proves that the offence was committed without his knowledge or that he had exercised 
all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed  by  a    company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance  of,  or  that  the  commission  of  the  offence  is  attributable  to  any  neglect  on  the  part  of  any 
director,  manager, secretary  or  other  officer  of  the  company,  such  director,  manager,  secretary  or other 
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and 
punished accordingly. 

Explanation.—For the purposes of this section,— 

(a) “company” means any body corporate and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm. 

CHAPTER XI 

MISCELLANEOUS 

78. Protection of security of India.—Notwithstanding anything contained in this Act, the Authority 

or the Registrar shall— 

(a) not disclose any information relating to the registration of a variety or any application relating 
to  the  registration  of  a  variety  under  this  Act,  which  it  considers  prejudicial  to  the  interest  of  the 
security of India; and 

(b) take any action regarding the cancellation of registration of such varieties registered under this 
Act which the Central Government may by notification in the Official Gazette specify in the interest 
of the security of India. 

Explanation.—For the purposes of this section, the expression “security of India” means any action 
necessary for the security of India which relates to the use of any produce of any variety registered under 
this Act directly or indirectly for the purposes of war or military establishment or for the purposes of war 
or other emergency in international relations. 

79. Implied warranty on sale of registered variety, etc.—Where a denomination of a variety or its 
propagating  material  or  essentially  derived  variety  or  its  propagating  material  registered  under  this  Act 
has been applied to the variety or its propagating material or essentially derived variety or its propagating 
material, as the case may be, on sale or in the contract for sale of such variety or its propagating material 
or essentially derived variety or its propagating material, as the case may be, the seller shall be deemed to 
warrant that the denomination is a genuine denomination and not falsely applied, unless the contrary is 
expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of the variety 
or its propagating material or essentially derived variety or its propagating material, as the case may be, or 
contract to and accepted by the buyer. 

80. Death of party to proceeding.—If a person who is a party to a proceeding under this Act (not 
being a proceeding in a court) dies pending the proceeding, the Authority or the Registrar, as the case may 
be, may, on request, and on proof to the satisfaction of such Authority or Registrar, of the transmission of 
the interest of the deceased person, substitute in the proceedings his successor in interest in his place, or, 
if  the  Authority  or  the  Registrar  is  of  opinion  that  the  interest  of  the  deceased  person  is  sufficiently 
29 

 
represented  by  the  surviving  party,  permit  the  proceedings  to  continue  without  the  substitution  of  his 
successor in interest. 

81. Right of registered agent and the registered licensee to institute suit.—The registered agent or 
the  registered  licensee  of  a  variety  or  its  propagating  material  or  essentially  derived  variety  or  its 
propagating  material  registered  under  this  Act  may  institute  appropriate  proceedings  in  the  court  under 
this Act on behalf of the breeder of such variety or its propagating material or essentially derived variety 
or  its  propagating  material,  as  the  case  may  be,  if  such  agent  or  licensee  has  been  authorised  in  the 
prescribed manner by such breeder for doing so. 

82. Evidence of entry in Register, etc., and things done by the Authority and the Registrar.—(1) 
A copy of any entry in the Register, or of any document issued under this Act purporting to be certified 
by the Authority or the Registrar and sealed with the seal of such Authority or Registrar, as the case may 
be, shall be admitted in evidence in all courts and in all proceedings without further proof or production 
of the original. 

(2) A certificate purporting to be under the hand of the Authority or the Registrar, as the case may be, 
as to any entry, matter or things that such Authority or Registrar is authorised by this Act or the rules to 
make or do shall be prima facie evidence of the entry having been made, and of the content thereof, or of 
the matter or things having been done or not done. 

83. Authority, Registrar and other officers not compellable to production of Register, etc.—The 
Authority or the Registrar or any officer working under the Authority or the Registrar, as the case may be, 
shall not, in any legal proceedings, be compelled to produce the Register or any other document in its or 
his custody, the content of which can be proved by the production of a certified copy issued under this 
Act  in  the  prescribed  manner  or  to  appear  as  a  witness  to  prove  the  matter  therein  recorded  unless  by 
order of the court made for special cause. 

84. Document open to public inspection.—Any person may, on an application to the Authority or 
the Registrar, as the case may be, and on payment of such  fees as may be prescribed, obtain a certified 
copy of any entry in the Register or any other document in any proceedings under this Act pending before 
such Authority or Registrar or may inspect such entry or document. 

85. Report of Authority to be placed before Parliament.—The Central Government shall cause to 
be  placed  before  both  Houses  of  Parliament  once  a  year  a  report  regarding  the  performance  of  the 
Authority under this Act. 

86. Government to be bound.—The provisions of this Act shall be binding on the Government. 

87.  Proceedings  before  Authority  or  Registrar.—All  proceedings  before  the  Authority  or  the 
Registrar, as the case may be, relating to registration of variety or essentially derived variety, registration 
of agent, registration of licence or registration of compulsory licensing under this Act shall be deemed to 
be judicial proceedings within the meaning of sections 193 and 228, and for the purpose of section 196 of 
the  Indian  Penal  Code  (45  of  1860)  and  the  Authority  or  the  Registrar,  as  the  case  may  be,  shall  be 
deemed to be a civil court for the purposes of section 195 and Chapter XXVI  of the Code of Criminal 
Procedure, 1973 (2 of 1974). 

88. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie  against  the  Central  Government,  or  against  the  Chairperson,  or  members,  or  the  Registrar  or  any 
person  acting  under  such  Government,  Authority  or  Registrar  under  the  provisions  of  this  Act,  for 
anything  which  is  in  good  faith  done  or  intended  to  be  done  in  pursuance  of  this  Act  or  any  rule, 
regulation, scheme or order made thereunder. 

89.  Bar  of  jurisdiction.—No  civil  court  shall  have  jurisdiction  in  respect  of  any  matter  which  the 

Authority or the Registrar 1*** is empowered by or under this Act to determine. 

90.  Members  and  staff  of  Authority,  etc.,  to  be  public  servants.—The  Chairperson,  members, 
officers  and  other  employees  of  the  Authority  and  the  Registrar-General  and  the  officers  and  other 

1. The words “or the Tribunal” omitted by Act 33 of 2021, s. 23 (w.e.f. 4-4-2021). 

30 

 
                                                           
employees working under him shall be deemed to be public servants within the meaning of section 21 of 
the Indian Penal Code (45 of 1860). 

91.  Exemption  from  tax  on  wealth  and  income.—Notwithstanding  anything  contained  in  the 
Wealth-tax Act, 1957 (26 of 1957), the Income-tax Act, 1961 (43 of 1961), or any other enactment for the 
time being in force relating to tax on wealth, income, profits or gains, the Authority shall not be liable to 
pay wealth-tax, income-tax or any other tax in respect of its wealth, income, profits or gains derived. 

92.  Act  to  have  overriding  effect.—The  provisions  of  this  Act  shall  have  effect  notwithstanding 
anything inconsistent therewith contained in any other law for the time being in force or in any instrument 
having effect by virtue of any law other than this Act. 

93.  Power  of  Central  Government  to  give  directions.—The  Central  Government  may  give 
directions to the Authority as it may think necessary in the public interest for the execution of all or any of 
the functions of the Authority under any provision of this Act or rules and regulations made thereunder. 

94. Power to remove  difficulties.—(1)  If  any  difficulty  arises  in  giving  effect to  the  provisions  of 
this Act, the Central Government may, by order, published in the Official Gazette, make such provisions 
not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: 

Provided that no order shall be made under this section after the expiry of two years from the date of 

commencement of this Act. 

(2) Every order made under sub-section (1) shall be laid before each House of Parliament. 

95. Power to make regulations.—(1) The Authority may, with the previous approval of the Central 
Government,  by  notification  in  the  Official  Gazette,  make  regulations  consistent  with  this  Act  and  the 
rules made thereunder to carry out the provisions of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may 

provide for all or any of the following matters, namely:— 

(a) duties and jurisdiction of the Registrars under sub-section (4) of section 12; 

(b)  the  term  of  office  and  the  conditions  of  service  of  the  Registrars  under  sub-section  (5)  of 

section 12; 

(c) the criteria of distinctiveness, uniformity and stability for registration of extant variety under 

sub-section (2) of section 15; 

(d) the manner in which a single and distinct denomination to a variety shall be assigned by the 

applicant under sub-section (1) of section 17; 

(e) the  matters  governing  the  assignment  of  denomination  to  a  variety  under  sub-section  (2)  of 

section 17; 

(f) the time within which the Registrar may require the applicant to propose another denomination 

under sub-section (3) of section 17; 

(g) the form of application under clause (d) of sub-section (1) of section 18; 

(h) the standards for evaluating seed during test sunder sub-section (1) of section 19; 

(i) the quantity of seeds or propagating material including parental line seeds to be deposited by a 

breeder and the time to be specified under sub-section (1) of section 27; 

(j) the limitations and conditions subject to which a breeder may authorise a person to produce, 

sell, market or otherwise deal with variety under sub-section (2) of section 28; 

(k) the form for authorisation under sub-section (3) of section 28. 

96.  Power  of  Central  Government  to  make  rules.—(1)  The  Central  Government  may,  by 

notification in the Official Gazette, make rules to carry out the provisions of this Act. 

31 

 
 
(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(i) the term of office of the Chairperson and the manner of filling the post under sub-section (6) of 

section 3; 

(ii) the salary and allowances of the Chairperson and his conditions of service in respect of leave, 
pension, provident fund and other matters and the allowances for non-official members for attending 
the meeting under sub-section (8) of section 3; 

(iii) the time and place of meetings of the Authority and the rules of procedure in regard to the 
transaction  of  business  at its  meetings  [including  the quorum  at  its  meetings  and  the  transaction  of 
business  of  its  Standing  Committee  appointed  under  sub-section  (7)  of  section  3]  under                   
sub-section (1) of section 4; 

(iv) the control and restriction regarding appointment of the officers and other employees of the 
Authority and the method of such appointment, salary and allowances and other conditions of service 
under section 6; 

(v) the powers and duties of the Chairperson under section 7; 

(vi) the terms and conditions subject to which and the manner in which the measures referred to 
in sub-section (1) of section 8 may provide for the registration of new extant varieties under clause (a) 
of sub-section (2) of that section; 

(vii) the manner for arranging production and sale of the seed under clause (e) of sub-section (2) 

of section 8; 

(viii) the orders by the Authority or the Registrar as to costs under clause (b) of section 11; 

(ix)  the  salary  and  allowances  of  Registrar-General  of  Plant  Varieties  and  the  conditions  of 
service  in  respect  of  his  leave,  pension,  provident  fund  and  other  matters  under  sub-section  (3)  of 
section 12; 

(x) the matters to be included in the National Register of Plant Varieties under sub-section (1) of 

section 13; 

(xi) the manner of authorising a person under clause (e) of sub-section (1) of section 16; 

(xii) the fees under clause (g) and the other particulars under clause (i) which shall accompany the 

application under sub-section (1) of section 18; 

(xiii) the form of application under the proviso to sub-section (1) of section 18; 

(xiv) the period within which after making application a proof of the right to make the application 

is to be furnished under sub-section (3) of section 18; 

(xv) the fees to be deposited by the applicant under sub-section (2) of section 19; 

(xvi) the manner and method of conducting the tests under sub-section (3) of section 19; 

(xvii) the manner of advertising application, conditions or limitations and specifications of variety 

for registration including its photographs or drawings under sub-section (1) of section 21; 

(xviii)  the  manner  of  giving  notice  and  the  fees  payable  therefor  under  sub-section  (2)  of                

section 21; 

(xix) the manner of sending counter-statement under sub-section (4) of section 21; 

(xx)  the  manner  of  submitting  evidence  and  the  time  within  which  such  evidence  may  be 

submitted under sub-section (6) of section 21; 

(xxi)  the  documents  and  fees  under  sub-section  (1)  and  the  tests  to  be  conducted  and  the 

procedure to be followed under sub-section (3) of section 23; 

(xxii) the form of a certificate of registration and the other authority to which a copy thereof shall 

be sent under sub-section (8) of section 23; 

32 

 
(xxiii) the form of a certificate of registration and the other authority to which a copy thereof and 

the maximum time for issuing the certificate of registration under sub-section (2) of section 24; 

(xxiv) the manner of giving notice to the applicant under sub-section (3) of section 24; 

(xxv) the fees for review and renewal under sub-section (6) of section 24; 

(xxvi)  the  contents  of  the  certificate  and  the  manner  of  publishing  such  contents  and  inviting 

claim of benefits sharing under sub-section (1) of section 26; 

(xxvii) the form for submitting claims of benefit sharing and the fees to be accompanied therewith 

under sub-section (2) of section 26; 

(xxviii)  the  matter  in  which  and  the  time  within  which  opposition  to  claims  shall  be  submitted 

under sub-section (3) of section 26; 

(xxix) the manner of making reference under sub-section (7) of section 26; 

(xxx) the manner of making an application for registration for title and the fees to be accompanied 

therewith under sub-section (4) of section 28; 

(xxxi) the manner of referring the disputes regarding registration of entitlement under the proviso 

to sub-section (4) of section 28; 

(xxxii)  the  manner  to  enter  into  a  certificate  the  brief  conditions  of  entitlement  under                

sub-section (5) of section 28; 

(xxxiii) the manner of making an application for varying the terms of registration under clause (a) 

of sub-section (9) of section 28; 

(xxxiv)  the  manner  of  making  an  application  by  the  registered  breeder  and  certain  other  for 

cancellation of terms of registration under clause (b) of sub-section (9) of section 28; 

(xxxv)  the  manner  of  application  by  any  person  other  than  the  breeder,  his  successor,  the 
registered agent or the registered licensee for cancellation of terms of registration under clause (c) of 
sub-section (9) of section 28; 

(xxxvi) the manner of application for cancellation of the terms of registration under clause (d) of 

sub-section (9) of section 28; 

(xxxvii) the manner of application for cancellation of the terms of registration under clause (e) of 

sub-section (9) of section 28; 

(xxxviii) the manner of issuing notice to the registered breeder of a variety or his successor or to 
each registered agent or registered licensee (not being the applicant) under sub-section (10) of section 
28; 

(xxxix) the manner of giving notice to the registrar under sub-section (1) of section 33; 

(xl) the manner of notifying to the registered agent or registered licensee under sub-section (2) of 

section 33; 

(xli) the period within which the notice of opposition under sub-section (3) of section 33 may be 

given; 

(xlii) the manner of making application under section 34; 

(xliii) the manner of depositing fees under sub-section (2) of section 35; 

(xliv) the manner of making application under sub-section (1) of section 36; 

(xlv) the manner of applying to the Registrar under sub-section (2) of section 36; 

(xlvi) the manner of giving notice under sub-section (4) of section 36; 

(xlvii) the manner of application under sub-section (1) of section 37; 

(xlviii) the manner of making application under sub-section (2) of section 37; 

33 

 
(xlix) the manner to apply to the Registrar under sub-section (1) of section 38; 

(l) the manner of advertising application and to give notice to the Registrar, and the time from the 
date  of  the  advertisement  within  which  a  person  may  give  such  notice  under  sub-section  (2)  of      
section 38; 

(li) the manner of advertising the denomination of the variety under sub-section (3) of section 38; 

(lii) the manner of recognition and reward from Gene Fund under clause (iii) of sub-section (1) of 

section 39; 

(liii)  the  manner  of  claiming  compensation  and  filing  of  opposition  under  sub-section  (2)  of 

section 39; 

(liv) the manner of issuing notice and filing objection under sub-section (3) of section 41; 

(lv) the manner of receiving benefit sharing under clause (a) of sub-section (1) of section 45; 

(lvi) the manner of applying Gene Fund under sub-section (2) of section 45; 

(lvii) the particulars to be contained in the application under sub-section (2) of section 47; 

(lviii)  the  authority  and  the  manner  in  which  such  authority  shall  make  available  to  the 

compulsory licensee the reproduction material of the variety under section 50; 

(lix) the form for making application under sub-section (1) of section 52; 

(lx) the period within which an appeal shall be preferred under sub-section (1) of section 56; 

(lxi)  the  form  of  petition  and  the  particulars  which  such  petition  shall  contain  under                             

sub-section (2) of section 56; 

(lxii ) the form for preparing annual statement of accounts under sub-section (1) of section 62; 

(lxiii)  the  financial  and  administrative  powers  which  the  Chairperson  shall  exercise  under              

section 63; 

(lxiv) the manner of using the denomination of a variety under sub-section (1) of section 68; 

(lxv) the manner of authorising registered agent or registered licensee under section 81; 

(lxvi)  the  manner  of  issuing  certified  copy  of  content  of  Register  or  any  other  document  under 

section 83; 

(lxvii) the fees payable for obtaining a certified copy of, or to inspect, any entry in the Register or 

any other document under section 84; 

(lxviii)  any  other  matter  which  is  to  be,  or  may  be,  prescribed  or  in  respect  of  which  this  Act 
makes  no  provision  or  makes  insufficient  provision  and  provision  is,  in  the  opinion  of  the  Central 
Government, necessary for the proper implementation of this Act. 

97. Rules, regulations and schemes to be laid before Parliament.—Every rule and every regulation 
and every scheme made under this Act shall be laid, as soon as may be after it is made, before each House 
of  Parliament,  while  it  is  in  session,  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one 
session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or regulation or scheme or both Houses agree that the rule or regulation or scheme should not 
be made, the rule or regulation or scheme shall thereafter have effect only in such modified form or be of 
no  effect,  as  the  case  may  be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without 
prejudice to the validity of anything previously done under that rule or regulation or scheme. 

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